LABOR LAWS 



OF THE 



STATE OF CALIFORNIA 

I V 11 




Glass HE m3S 

Book ■ ^1£>fH 



L*>omp/ir**pnfs of 






STATE OF CALIFORNIA 



SECOND SPECIAL REPORT 



BURLAU OF LABOR STATISTICS 



Rooms 806-811 Mechanics Building, 
948 Market Street, San Francisco 



LABOR LAWS Of .CALIFORNIA 



COMPILED BY 

JOHN P. McLAUGHLIN, Commissioner 




SACRAMENTO 

FRIEND WM. RICHARDSON - - - SITPT. STATE PRINTING 
1912 






By transfer 

FEB 19 iy»e 



BUREAU OF LABOR STATISTICS, 

SAN FRANCISCO, CALIFORNIA. 



At the session of the Legislature during the early part of 
1911, so many new labor laws were enacted and old laws 
amended, that we deemed it necessary to revise our last edi- 
tion of 1910 in order to present the laws as they now stand 
upon the statute books of the State. 

The book herewith presented contains all of the laws 
included in former editions, and is brought up to date with 
laws enacted by the Legislature of 1911. 

The amended statutes will be found in their regular code 
classification, with amendments inserted, while the new 
statutes will be found in the section designated "Statutes of 
1911." 

We have been pleased to note an ever increasing interest in 
labor and labor legislation by people in all the various walks 
of life, as evidenced by growing requests for publications and 
information at this Bureau. 

john p. Mclaughlin, 

Commissioner. 



TABLE OF CONTENTS. 



LABOR LAWS OF CALIFORNIA. 

Page. 
Constitution 7 

Political Code 9 

Civil Code 13 

Code of Civil Procedure 23 

Penal Code 26 

General Laws 35 

Statutes of 1911. (Not codified) 67 

Summaries 97 

Decisions 101 

INDEX 117 



CONSTITUTION, 



ARTICLE 19. 
Employment of Chinese — Coolie labor. 

Sec. 3. No Chinese shall be employed on any state, county, Empioy- 

• •i ,i 11. . .., „ ment on 

municipal, or other public work, except in punishment for public 

works. 

crime. 

Sec. 4. The presence of foreigners ineligible to become 
citizens of the United States is declared to be dangerous to 
the well-being of the state, and the legislature shall discourage 
their immigration by all means within its power. Asiatic 
coolieism is a form of human slavery, and is forever pro- Cooiie- 
hibited in this state, and all contracts for coolie labor shall hibited. 
be void. All companies or corporations, whether formed in 
this country or any foreign country, for the importation of 
such labor, shall be subject to such penalties as the legisla- 
ture may prescribe. The legislature shall delegate all neces- Autnor- 
sary power to the incorporated cities land towns of this state Sties 
for the removal of Chinese without the limits of such cities ^wns 
and towns, or for their location within prescribed portions 
of those limits, and it shall also provide the necessary legisla- 
tion to prohibit the introduction into this state of Chinese 
after the adoption of this constitution. This section shall be 
enforced by appropriate legislation. 

ARTICLE 20. 

Hours of labor on public works. 

Sec. 17. The time of service of all laborers or workmen Eight 
or mechanics employed upon any public works of the State a day's 
of California, or of any county, city and county, city, town, work ' 
listrict, township, or any other political subdivision thereof, 
whether said work is done by contract or otherwise, shall be 
imitecl and restricted to eight hours in any one calendar day, 
except in cases of extraordinary emergency caused by fire, Exeep- 
flood. or danger to life and property, or except to work upon tlon * 
public, military, or naval works or defenses in time of war, 
and the legislature shall provide by law that a stipulation to 



BUREAU OF LABOR STATISTICS. 

this effect shall be incorporated in all contracts for public 
works and prescribe proper penalties for the speedy and 
efficient enforcement of said law. 



Sex not 
a bar. 



Sex no disqualification for employment. 

Sec. 18. No person shall, on account of sex, be disquali- 
fied from entering upon or pursuing any lawful business- 
vocation, or profession. 



LABOR LAWS — POLITICAL CODE. 



DEERING'S CODES- 1909. 

WITH AMENDMENTS AND ADDITIONS UP TO AND 
INCLUDING SESSION OF 1911. 



POLITICAL CODE. 

Rates of wages of employees of state printing office. 

Sec 531. The duties of the superintendent of state print- Prevail- 
ing shall be as follows : * * * He shall employ such Savages 
compositors, pressmen, and assistants as the exigency of the J}2 it> 
work from time to time requires, and may at any time dis- 
charge such employes : Provided, that at no time shall he pay 
said compositors, pressmen, or assistants a higher rate of 
wages than is paid by those employing printers in Sacra- 
mento for like work. He shall at no time employ more 
compositors or assistants than the absolute necessities of the 
state printing may demand, and he shall not permit any 
other than state work to be done in the state printing office. 
* * [Enacted March 12, 1872.] 

Time to vote to be allowed employees. 

Sec. 1212. Any person entitled to vote at a general elec- Two 
tion held within this state shall, on the day of such election, to be 
be entitled to absent himself from any service or employment a 
in which he is then engaged or employed for the period of 
two consecutive hours, between the time of opening and the 
time of closing the polls ; and such voter shall not, because of 
so absenting himself, be liable to any penalty, nor shall any 
deduction be made on account of such absence from his usual 
salary or wages. [Enacted March 12, 1872.] 

Laborers on San Francisco water front. 

Sec 2545. * * * No person not a citizen of the United citizens 
States shall be employed either as a contractor or laborer on ferred. 
any work done under this article [relating to San Francisco 
harbor]. And eight hours shall constitute a legal day's work, Eight - 
whether performed directly for the state or for the person or day. 
persons receiving a contract under this article. [Enacted 
March 12, 1872.] 



10 



BUREAU OF LABOR STATISTICS. 



Liability of employers for road tax of employees. 

*io"ers ^ EC * ^^' Corporations, or other employers of persons in 
charge- any road district subject to road tax, are chargeable for road 
poll tax assessed against their employees to the extent of any 
credit in their hands not exceeding such tax: Provided, the 
Proviso, road overseer shall first give notice to such employer, or the 
managing agent of such corporation, and from the time of 
such notice, the amount of any credit in his hands, or that 
shall thereafter accrue sufficient to satisfy said tax, shall be 
paid to the road tax collector, whose receipt shall be evidence 
in bar of the prosecution of any action by the employee 
against the principal for the recovery of the same. [Enacted 
Stats. 1883, p. 12.] 

Employment of intemperate drivers on public convey- 
ances. 

Sec. 2932. No person must employ to drive any vehicle 
for the conveyance of passengers upon any public highway, 
a person addicted to drunkenness, under penalty of five 
dollars for every day such person is in his employment. [En- 
acted March 12, 1872.] 

Sec. 2933. If any driver, whilst actually employed in 
required, driving any such vehicle, is intoxicated to such a degree as 
to endanger the safety of his passengers, the owner on receiv- 
ing from any such passenger a written notice of the fact, 
verified by his oath, must forthwith discharge such driver ; 
and if he has such driver in his service within six months 
after such notice, he incurs a like penalty. [Enacted March 
12, 1872.] 

Trade-marks of trade unions. 

Sec. 3200. Any trade union, labor association, or labor 
organization, organized and existing in this state, whether 
incorporated or not, may adopt and use a trade-mark and 
affix the same to any goods made, produced or manufactured 
by the members of such trade union, labor association, or 
labor organization, or to the box, cask, case, or package con 
taining such goods, and may record such trade-mark by filing 
or causing to be filed with the secretary of state its claim to 
the same, and a copy or description of such trade-mark, with 
the affidavit of the president of such trade union, labor asso- 
ciation, or labor organization, certified to by any officer 
authorized to take acknowledgment of conveyances, setting 



Employ 
merit 
for- 
bidden. 



Pis 

charge 



LABOR LAWS — POLITICAL CODE. 11 

forth that the trade union, labor association, or labor organ- 
ization, of which he is the president is the exclusive owner, 
o* agent of the owner, of such trade-mark ; and all the pro- 
visions of article three, chapter seven, title seven, part three, 
of the Political Code, are hereby made applicable to such 
trade-mark. [Enacted, Stats. 1887, p. 167.] 

Sec. 3201. The president or other presiding officer of any 
trade union, labor association, or labor organization, organ- 
ized and existing in this state, which shall have complied 
with the provisions of the preceding section, is hereby author- 
ized and empowered to commence and prosecute in his own 
name any action or proceedings he may deem necessary for 
the protection of any trade-mark adopted or in use under the 
provisions of the preceding section, or for the protection or 
enforcement of any rights or powers which may accrue to 
such trade union, labor association, or labor organization by 
the use or adoption of such trade-mark. [Enacted, Stats. 
1887, p. 168.] 

Contract work on public buildings prohibited. 

Sec. 3233. All work done upon the public buildings of this work to 
state must be done under the supervision of a superintendent, by day^s 
or state officer or officers having charge of the work, and all labor - 
labor employed on such buildings, whether skilled or unskilled, 
must be employed by the day, and no work upon any of such 
buildings must be done by contract. [Enacted March 12, 
1872.] 

Products of Chinese labor not to be bought by state 
officials. 
Sec. 3235. No supplies of any kind or character, "for the public 
benefit of the state, or to be paid for by any moneys appro- not^o 163 
priated or to be appropriated by the state," manufactured or^ t p r f od " 
grown in this state, which are in whole or in part the product Chinese 
of Mongolian labor, shall be purchased by the officials for 
the state having the control of any public institution under 
the control of the state, or of any county, city and county, 
city, or town thereof. [Stats. 1887, p. 171.] 

Hours of labor. 

Sec. 3244. Eight hours of labor constitutes a day's work, 
unless it is otherwise expressly stipulated by the parties to a 



12 BUREAU OF LABOR STATISTICS. 

Eight contract, except those contracts within the provisions of sec- 

a°da S y's tions three thousand two hundred and forty-six, three thou- 

when san( i two hundred and forty-seven, and three thousand two 

hundred and forty-eight of this code. [Enacted, March 12, 

1872.] 

street Sec. 3246. Twelve hours' labor constitutes a day's work 

B " on the part of drivers and conductors, and gripnien of street 
cars for the carriage of passengers. Any contract for a 
greater number of hours' labor in one day shall be and is 
void, at the option of the employee, without regard to the 
terms of employment, whether the same be by the hour, day, 
week, month, or any other period of time, or by or according 
to the trip or trips that the car may, might, or can make 
between the termini of the route, or any less distance thereof. 
Any and every person laboring over twelve hours in one day 
as driver, or conductor, or gripman, on any street railroad, 
shall receive from his employer thirty cents for each hour's 
labor over twelve hours in each day. [Stats. 1887, p. 101.] 
Actions Sec. 3247. In actions to recover the value or price of 
wages, labor under section three thousand two hundred and forty- 
six of this code, the plaintiff may include in one action his 
claim for the number of days, and the number of hours' work 
over twelve hours in each day, performed by him for the 
defendant, and the court shall exclude all evidence of agree- 
Recovery ment to labor over twelve hours in one day for a less price 
time. ver than thirty cents, and the court shall exclude any receipt of 
payment for hours of labor over twelve hours in one day, 
Rate of unless it be established that at least thirty cents for each 
wages, hour of labor over twelve hours in one day has been actually 
paid, and a partial payment shall not be deemed or consid- 
ered a payment in full. [Stats. 1897, p. 208.] 
Appiica- Sec. 3249. The provisions of section three thousand two 
law! ° f hundred and forty-seven * * * of this code are applicable 
to every contract to labor made by the persons named in 
section three thousand two hundred and forty-six. [Stats. 
1887, p. 102.] 

street Sec. 3250. No person shall be employed as conductor, or 

railways. d r j ver) or gripman, on any street railroad, for more than 
twelve hours in one day, except as in this act provided, and 
any corporation, or company, or owner, or agent, or superin- 
tendent, who knowingly employs any person in such capacity 
for more than twelve hours in one day, in violation of the 



LABOR LAWS POLITICAL CODE. 13 

terms of this act, shall forfeit the sum of fifty dollars as a Penalty. 
penalty for such offense, to the use of the person prosecuting 
any action therefor, and any number of forfeits may be 
prosecuted in one action. [Stats. 1887, p. 102.] 

Goods, etc., produced within the state to be preferred for 
public use. 

Sec. 3247 (added by chapter 149, acts of 1897).* Any Prefer- 
person, committee, board, officer, or any other person charged domestic 
with the purchase, or permitted or authorized to purchase pr0 
supplies, goods, wares, merchandise, manufactures or produce, 
for the use of the state, or any of its institutions or officers, 
or for the use of any county or consolidated city and county, 
or city, or town, shall always, price, fitness and quality equal, 
prefer such supplies, goods, wares, merchandise, manufac- 
tures or produce as has been grown, manufactured, or pro- 
duced in this state, and shall next prefer such as have been 
partially so manufactured, grown, or produced in this state. 
[Stats. 1897, p. 208.] 



CIVIL CODE. 

Rights of employers — Injuries to employees. 

Sec. 49. The rights of personal relation forbid : injuries 

* * * * * * * bidden. 

4. Any injury to a servant which affects his ability to 
serve his master. [Enacted March 12, 1872.] 

Earnings of minors. 

Sec. 212. The wages of a minor employed in service may payment 
be paid to him until the parent or guardian entitled thereto ^org. 
gives the employer notice that he claims such wages. [En- 
acted March 12, 1872.] 

Employment of labor — General provisions. 

Sec. 1965. The contract of employment is a contract by Deflni- 
which one, who is called the employer, engages another, who tion - 

*This is a duplicate use of this section number, but is in 
accordance with the provisions of the chapter named. 



14 BUREAU OF LABOR STATISTICS. 

is called the employee, to do something- for the benefit of the 
employer, or of a third person. [Enacted March 21, 1872.] 
Losses Sec. 1969. An employer must indemnify his employee 
indis- except as prescribed in the next section, for all that he neces- 
of duty, sarily expends or loses in direct consequence of the discharge 
of his duties as such, or of his obedience to the directions of 
the employer, even though unlawful, unless the employee, at 
the time of obeying such directions, believed them to be 
unlawful. [Enacted March 21, 1872.] 
&££ ,ary * Sec ' 1970 ( as amende <* ^ chapter 97, acts of 1907). An 
employer is not bound to indemnify his employee for losses 
suffered by the latter in consequence of the ordinary risks of 
the business in which he is employed, nor in consequence of 
the negligence of another person employed by the same 
employer in the same general business, unless the negligence 
causing the injury was committed in the performance of a 
duty the employer owes by law to the employee, or unless the 
employer has neglected to use ordinary care in the selection 
of the culpable employee ; provided, nevertheless, that the 
Superior emploj^er shall be liable for such injury when the same results 
servants. £ vom t ^e wrongful act, neglect or default of any agent or 
officer of such employer, superior to the employee injured, or 
of a person employed by such employer having the right to 
control or direct the services of such employee injured, and 
also when such injury results from the wrongful act, neglect 
other or default of a coemployee engaged in another department of 
merits" labor from that of the employee injured, or employed upon a 
etc- machine, railroad train, switch signal point, locomotive 
engine, or other appliance than that upon which the employee 
[who] is injured is employed, or who is charged with dis- 
patching trains, or transmitting telegraphic or telephonic 
orders upon any railroad, or in the operation of any mine, 
factory, machine shop, or other industrial establishment. 
Knowi- Knowledge by an employee injured of the defective orl 
ffe unsafe character or condition of any machinery, ways,! 
appliances or structures of such employer shall not be a barl 
to the recovery for any injury or death caused thereby, unlessl 
it shall also appear that such employee fully understood, [ 
comprehended and appreciated the dangers incident to the! 
use of such defective machinery, ways, appliances or struc-f 

*See Stats. 1911, chapter 399, employers' liability act. 



LABOR LAWS — CIVIL CODE. 15 

tures, and thereafter consented to use the same, or continued 
in the use thereof. 

When death, whether instantaneous or otherwise, results injuries 
from an injury to an employee received as aforesaid, the per- death ng 
sonal representative of such employee shall have a right of 
action therefor against such employer, and may recover dam- 
ages in respect thereof, for and on behalf, and for the benefit 
of the widow, children, dependent parents, and dependent 
brothers and sisters, in order of precedence as herein stated, 
but no more than one action shall be brought for such 
recovery. 

Any contract or agreement, express or implied, made by Waiyers . 
any such employee to waive the benefits of this section, or 
any part thereof, shall be null and void, and this section shall 
not be construed to deprive any such employee or his personal 
representative, of any right or remedy to which he is now 
entitled under the laws of this state. 

The rules and principles of law as to contributory negli- con- 
gence which apply to other cases shall apply to cases arising negii- ory 
under this section, except in so far as the same are herein s ence - 
modified or changed. [Enacted March 21, 1872.] 

Sec. 1971. An employer must in all cases indemnify his 
employees for losses caused by the former's want of ordinary want 
care. [Enacted March 21, 1872.] of care ' 

The retention of a foreman after knowledge of his incom- 
petency is negligence, and the employer is liable for injuries 
resulting from such foreman's negligent acts: 47 Pac. Rep. 
773. 

Sec. 1975. One who, without consideration, undertakes to service 
do a service for another, is not bound to perform the same, consfd-* 
but if he actually enters upon its performance, he must use ©ration. 
at least slight care and diligence therein. [Enacted March 
21, 1872.] 

Sec. 1976. One who, by his own special request, induces Re _ 
another to instruct him with the performance of a service, quested 
must perform the same fully. In other cases, one who under- ment. 
takes a gratuitous service may relinquish it at any time. 
[Enacted March 21, 1872.] 

Sec. 1977. A gratuitous employee, who accepts a written G ratu- 
power of attorney, must act under it so long as it remains in ^ e at " 
force, or until he gives notice to his employer that he will 
not do so. [Enacted March 21, 1872.] 



16 BUREAU OF LABOR STATISTICS. 

Em- Sec. 1978. One who, for a good consideration, agrees to 

for y con- serve another, must perform the service, and must use ordi- 
tion™" nary care and diligence therein, so long as he is thus em- 
ployed. [Enacted March 21, 1872.] 
inter- Sec. 1979. One who is employed at his own request to do 

voiun- that which is more for his own advantage than for that of his 
employer, must use great care and diligence therein to protect 
the interest of the latter. [Enacted March 21, 1872.] 
Dura- Sec. 1980. A contract to render personal service, other 

contract, than a contract of apprenticeship, as provided in the chapter 
on master and servant, can not be enforced against the 
employee beyond the term of two years from the commence- 
ment of service under it ; but if the employee voluntarily 
continues his service under it beyond that time, the contract 
may be referred to as affording a presumptive measure of 
the compensation. [Enacted March 21, 1872.] 
Direc- Sec. 1981. An employee must substantially comply with 

tions. a jj j-Yiq directions of his employer concerning the service on 
which he is engaged, except where such obedience is impos- 
sible or unlawful, or would impose new and unreasonable 
burdens upon the employee. [Enacted March 21, 1872.] 
Usage. Sec. 1982. An employee must perform his service in con- 
formity to the usage of the place of performance, unless 
otherwise directed by his employer, or unless it is imprac- 
ticable, or manifestly injurious to his employer to do so. 
[Enacted March 21, 1872.] 
Degree Sec. 1983. An employee is bound to exercise a reasonable 
of skill. (j e g ree f s kin, unless his employer has notice, before employ- 
ing him, of his want of skill. [Enacted March 21, 1872.] 
Same Sec. 1984. An employee is always bound to use such skill 

subject. ag k e p 0SSesseS) so f ar as the same is required, for the service 
specified. [Enacted March 21, 1872.] 

The employee may employ others to do the work where his 
personal attention is not contracted for: 24 Cal. 308. 

Acquisi- Sec. 1985. Everything which an employee acquires by 

virtue of virtue of his employment, except the compensation, if any, 

ment° y " which is due to him from his employer, belongs to the latter, 

whether acquired lawfully or unlawfully, or during or after 

the expiration of the term of his employment. [Enacted 

March 21, 1872.] 

Sec. 1986. An employee must, on demand, render to his I 



LABOR LAWS — CIVIL CODE. 17 

employer just accounts of all his transactions in the course Render- 
of his service, as often as may be reasonable, and must, with- ounts " 
out demand, give prompt notice to his employer of everything 
which he receives for his account. [Enacted March 21, 
1872.] 

Sec. 1987. An employee who receives anything on account Delivery 
of his employer, in any capacity other than that of a mere etc., 
servant, is not bound to deliver it to him until demanded, rec 
and is not at liberty to send it to him from a distance, with- 
out demand, in any mode involving greater risk than its 
retention by the employee himself. [Enacted March 21, 
1872.] 

Sec. 1988. An employee who has any business to transact Priority 
on his own account, similar to that intrusted to him by his pioyer's 
employer, must always give the latter the preference. [En- busmess - 
acted March 21, 1872.] 

Sec. 1989. An employee who is expressly authorized to Employ- 
employ a substitute is liable to his principal only for want of STub- 
ordinary care in his selection. The substitute is directly stltute - 
responsible to the principal. [Enacted March 21, 1872.] 

Sec. 1990. An employee who is guilty of a culpable degree xegii- 
of negligence is liable to his employer for the damage thereby gence - 
caused to the latter ; and the employer is liable to him, if 
the service is not gratuitous, for the value of such services 
only as are properly rendered. [Enacted March 21, 1872.] 

Sec. 1991. When service is to be rendered by two or more Duty f 
persons jointly, and one of them dies, the survivor must act ^™ t r 
alone, if the service to be rendered is such as he can rightly servants. 
perform without the aid of the deceased person, but not 
otherwise. [Enacted March 21, 1872.] 

Sec. 199G (as amended by chapter 157, acts of 1901 ) . Termi- 
Every employment in which the power of the employee is employ- 
not coupled with an interest in its subject is terminated by ment * 
notice to him of : 

1. The death of the employer ; or, 

2. His legal incapacity to contract. 

The parties to a contract of employment may, however, in 
writing, provide that it shall, notwithstanding the death of 
the employer, continue obligatory for and against his heirs 
and personal representatives, provided their liability shall be 
restricted to property received from and under him. [En- 
acted March 21, 1872.] 



IS BUREAU OF LABOR STATISTICS. 

Same Sec. 1997. Every employment is terminated : 

subject. ^ By the eX pi ra tion of its appointed term; 

2. By the extinction of its subject ; 

3. By the death of the employee ; or, 

4. By his legal incapacity to act as such. [Enacted March 
21, 1872.] 

Service Sec. 1998. An employee, unless the term of his service has 
death expired, or unless he has a right to discontinue it at any 
pioyer" time without notice, must continue his service after notice of 
the death or incapacity of his employer, so far as is neces- 
sary to protect from serious injury the interests of the 
employer's successor in interest, until a reasonable time after 
notice of the facts has been communicated to such successor. 
The successor must compensate the employee for such service 
according to the terms of the contract of employment. [En- 
acted March 21, 1872.] 
Termi- Sec. 1999. An employment having no specified term may 
at w?S. be terminated at the will of either party, on notice to the 
other, except where otherwise provided by this title. [En- 
acted March 21, 1872.] 
Breach Sec. 2000. An employment, even for a specified term, may 
by em- y be terminated at any time by the employer, in case of any 
pioyee. w uf u i breach of duty by the employee in the course of his em- 
ployment, or in case of his habitual neglect of his duty or con- 
tinued incapacity to perform it. [Enacted March 21, 1872.] 
Sec. 2001. An employment, even for a specified term, may 
By em- be terminated by the employee at any time, in case of any 
pioyer. w jjjf u j or p erm anent breach of the obligations of his employer 
to him as an employee. [Enacted March 21, 1872.] 

Sec. 2002. An employee, dismissed by his employer for 
wages good cause, is not entitled to any compensation for services 
pioyee" rendered since the last day upon which a payment became 
missed due to nim under the contract. [Enacted March 21, 1872.] 
cause. ^ec. 2003. An employee who quits the service of his 

of em- employer for good cause is entitled to such proportion of the 
quitting compensation which would become due in case of full per- 
for formance, as the services which he has already rendered bear 

cause. ' 

to the services which he was to render as full performance. 
[Enacted March 21, 1872.] 

Master and servant. 

servant Sec. 2009. A servant is one who is employed to render 
defined. p ersona i service to his employer, otherwise than in the pur- 



LABOR LAWS — CIVIL CODE. 19 

suit of an independent calling, and who in such service 
remains entirely under the control and direction of the latter, 
who is called his master. [Enacted March 21, 1872.] 

Sec. 2010. A servant is presumed to have been hired for Term of 
such length of time as the parties adopt for the estimation of rnent° y " 
wages. A hiring at a yearly rate is presumed to be for one 
year ; a hiring at a daily rate, for one day ; a hiring by piece- 
work, for no specified term. [Enacted March 21, 1872.] 

Sec. 2011. In the absence of any agreement or custom as Pre- 
to the term of service, the time of payment, or the rate or tion P ~ 
value of wages, a servant is presumed to be hired by the 
month, at a monthly rate of reasonable wages, to be paid 
when the service is performed. [Enacted March 21, 1872.] 

Sec. 2012. Where, after the expiration of an agreement Renewal 

, . m . . by con- 

respecting the wages and the term of service, the parties con- tinuance. 
tinue the relation of master and servant, they are presumed 
to have renewed the agreement for the same wages and term 
of service. [Enacted March 21, 1872.] 

Sec. 2013. The entire time of a domestic servant belongs Time 
to the master ; and the time of other servants to such an trolled 
extent as is usual in the business in which they serve, not£[ £™~ 
exceeding in any case ten hours in the day. [Enacted March 
21, 1872.] 

All the services rendered by one who receives a regular 
salary, if of the same nature as his regular duties, are pre- 
sumed to be paid for by the salary: 9 Cal. 198. 

Sec. 2014. A servant must deliver to his master, as soon Delivery 
as with reasonable diligence he can find him, everything that etc g ,°° ds ' 
he receives for his account, without demand ; but he is not received - 
bound, without orders from his master, to send anything to 
him through another person. [Enacted March 21, 1872.] 

Sec. 2015. A master may discharge any servant, other Em- 
than an apprentice, whether engaged for ,a fixed term or not : may 6 dis- 

1. If he is guilty of misconduct in the course of his service, charge, 

° ^ - - » when. 

or of gross immorality, though unconnected with the same ; 
or, 

2. If, being employed about the person of the master, or in 
a confidential position, the master discovers that he has been 
guilty of misconduct, before or after the commencement of 
his service, of such a nature that, if the master had known 
or contemplated it, he would not have so employed him. 
[Enacted March 21, 1872.] 



20 BUREAU OF LABOR STATISTICS. 

Seamen. 

Sec. 2049. All persons employed -in the navigation of a 
ship, or upon a voyage, other than the master and mate, are 
to be deemed seamen within the provisions of this code. 
[Enacted March 21, 1872.] 

Sec. 2050. The mate and seamen of a ship are engaged by 
the master, and may be discharged by him at any period of 
the voyage, for willful and persistent disobedience or gross 
disqualification, but can not otherwise be discharged before 
the termination of the voyage. [Enacted March 21, 1S72.] 

Sec. 2051. A mate or seaman is not bound to go to sea in 
a ship that is not seaworthy ; and if there is reasonable doubt 
of its seaworthiness, he may refuse to proceed until a proper 
survey has been had. 

Sec. 2052. A seaman can not, by reason of any agreement, 
be deprived of his lien upon a ship, or of any remedy for the 
recovery of his wages to which he would otherwise have been 
entitled. Any stipulation by which he consents to abandon 
his right of wages in case of loss of the ship, or to abandon 
any right he may have or obtain in the nature of salvage is 
void. [Enacted March 21, 1872.] 

Sec. 2053. No special agreement entered into by a seaman 
can impair any of his rights, or add to any of his obliga- 
tions, as defined by law, unless he fully understands the 
effect of the agreement, and receives a fair compensation 
therefor. [Enacted March 21, 1872.] 

Sec. 2054. Except as hereinafter provided, the wages of 
seamen are due when, and so far only as, freightage is 
earned, unless the loss of freightage is owing to the fault of 
the owner or master. [Enacted March 21, 1872.] 

Sec. 2055. The right of mate or seamen to wages and 
provisions begins either from the time he begins work, or 
from the time specified in the agreement for his beginning 
work, or from his presence on board, whichever first happens. 
[Enacted March 21, 1872.] 

Sec. 2056. Where a voyage is broken up before a depart- 
ure of a ship, the seamen must be paid for the time they 
have served, and may retain for their indemnity such ad- 
vances as they have received. [Enacted March 21, 1872.] 

Sec. 2057. When a mate or seaman is wrongfully dis- 
charged, or is driven to leave the ship by the cruelty of the 
master on the voyage, it is then ended with respect to him, 



LABOR LAWS — CIVIL CODE. 21 

and he may thereupon recover his full wages. [Enacted 
March 21, 1872.] 

Sec 205-8. In case of loss or wreck of the ship, a seaman 
is entitled to his wages up to the time of the loss or wreck 
whether freightage has been earned or not, if he exerts him- 
self to the utmost to save the ship, cargo and stores. [En- 
acted March 21, 1872.] 

Sec 2059. A certificate from the master or chief surviv- 
ing officer of a ship, to the effect that a seaman exerted 
himself to the utmost to save the ship, cargo and stores, is pre- 
sumptive evidence of the fact. [Enacted March 21, 1872.] 

Sec. 2060. Where a mate or seaman is prevented from 
rendering service by illness or injury, incurred without his 
fault, in the discharge of his duty on the voyage, or by being 
wrongfully discharged, or by a capture of the ship, he is 
entitled to wages notwithstanding ; but in case of a capture, 
a ratable deduction for salvage is to be made. [Enacted 
March 21, 1872.] 

Sec 20G1. If a mate or seaman becomes sick or disabled 
during the voyage without his fault, the expense of furnish- 
ing him with suitable medical advice, medicine, attendance, 
and other provision for his wants, must be borne by the ship 
till the close of the voyage. [Enacted March 21, 1872.] 

Sec 2062. If a mate or seaman dies during the voyage, 
his personal representatives are entitled to his wages to the 
time of his death, if he would have been entitled to them 
had he lived to the end of the voyage. [Enacted March 21, 
1872.] 

Sec 2063. Desertion of the ship, without cause, or a 
justifiable discharge by the master during the voyage, for 
misconduct, or a theft of any part of the cargo or appurte- 
nances of the ship, or a willful injury thereto or to the ship, 
forfeits all wages due for the voyage to a mate or seaman 
thus in fault. [Enacted March 21, 1872.] 

Sec 2064. A mate or seaman may not, under any pretext, 
ship goods on his own account without permission from the 
master. [Enacted March 21, 1S72.] 

Sec 2078. One who officiously, and without consent of the voiun- 
real or apparent owner of a thing, takes it into his posses- ^vice. 
sion for the purpose of rendering a service about it, must 
complete such service, and use ordinary care, diligence, and 
reasonable skill about the same. He is not entitled to any compen- 
compensation for his service or expenses, except that he may sation - 



22 BUREAU OF LABOR STATISTICS. 

deduct actual and necessary expenses incurred by him about 
such service from any profits which his service has caused 
the thing to acquire for its owner, and must account to the 
owner for the residue. [Enacted March 21, 1872.] 

Enforcement of contracts. 

Sec. 3390. The following obligations can not be specific- 
ally enforced : 

1. An obligation to render personal service ; 
co a n-° r 2. An obligation to employ another in personal service ; 



tracts. 



* * * 

[Enacted March 21, 1872.] 



CIVIL CODE-APPENDIX. 

(Page 827; Stats. 1901, page 75.) 
Time of meals to be allowed employees in lumber mills, 
etc. 
One Section 1. Every person, corporation, copartnership, or 

noon a company operating a sawmill, shakemill, shingle-mill, or log- 
aiiowed. ging camp, in the State of California, shall allow to his or 
its employees, workmen, and laborers a period of not less 
than one hour at noon for the midday meal. 
Penalty. Sec. 2. Any person, corporation, copartnership, or com- 
pany, his or its agents, servants, or managers, violating any 
of the provisions of this act shall be guilty of a misdemeanor, 
and upon conviction thereof shall be punished by a fine of 
not more than two hundred dollars nor less than one hundred 
dollars for each violation of the provisions of this act. 

(Page 827; Stats. 1871-72, page 413.) 
Mine regulations — Quartz mines. 

Escape Section 1. It shall not be lawful for any corporation, 
association, owner, or owners of any quartz-mining claims 
within the State of California, where such corporation, asso- 
ciation, owner, or owners employ twelve men daily, to sink 
down into such mine or mines any perpendicular shaft or 
incline beyond a depth from the surface of three hundred feet 
without providing a second mode of egress from such mine, 
by shaft or tunnel, to connect with the main shaft at a depth 
of not less than one hundred feet from the surface. 



shaft. 



LABOR LAWS — CIVIL CODE. 23 

Sec. 2. It shall be the duty of each corporation, associa- same 
tion, owner or owners of any quartz mine or mines in this sub]ect - 
state, where it becomes necessary to work such mines beyond 
the depth of three hundred feet, and where the number of 
men employed therein daily shall be twelve or more, to pro- 
ceed to sink another shaft or construct a tunnel so as to 
connect with the main working shaft of such mine as a mode 
of escape from underground accident, or otherwise. And all 
corporations, associations, owner, or owners of mines as 
aforesaid, working at a greater depth than three hundred 
feet, not haying any other mode of egress than from the 
main shaft, shall proceed as herein provided. 

Sec. 3. When any corporation, association, owner, or Liability 
owners of any quartz mine in this state, shall fail to provide fation " 
for the proper egress as herein contemplated, and where any 
accident shall occur, or any miner working therein shall be 
hurt or injured and from such injury might have escaped if 
the second mode of egress had existed, such corporation, 
association, owner, or owners of the mine where the injuries 
stall have occurred shall be liable to person injured in all 
damages that may accrue by reason thereof ; and an action 
at law in a court of competent jurisdiction may be main- 
tained against the owner or owners of such mine, which 
owners shall be jointly or severally liable for such damages. 
And where death shall ensue from injuries received from any 
negligence on the part of the owners thereof by reason of 
their failure to comply with any of the provisions of this act, 
the heirs or relatives surviving the deceased may commence 
an action for the recovery of such damages * * *. 



CODE OF CIVIL PROCEDURE. 

Exemption of wages from execution. 

Sec. 690 (as amended by chapter 479, acts of 1907). TheExemp- 
following property is exempt from execution or attachment, tlons ' 
except as herein otherwise specially provided : 

******* 

9. The wages and earnings of all seamen, seagoing fisher- Sea- 
men and sealers, not exceeding three hundred dollars, regard- etc., 

wages 



24 



BUREAU OF LABOR STATISTICS. 



Thirty 
days' 
earn- 
ings, 
when. 



less of where or when earned, and in addition to all other 
exemptions otherwise provided by any law ; 

10. The earnings of the judgment debtor for his personal 
services rendered at any time within thirty days next preced- 
ing the levy of execution or attachment, when it appears by 
the debtor's affidavit or otherwise, that such earnings are 
necessary for the use of his family, residing in this state, 
supported in whole or in part by his labor ; but where debts 
are incurred by any such person, or his wife or family for 
the common necessaries of life, or have been incurred at a 
time when the debtor had no family residing in this state, 
supported in whole or in part by his labor, the one half of 
such earnings above mentioned is nevertheless subject to 
execution, garnishment or attachment to satisfy debts so 
incurred ; 



allowed 
on re 
covery. 



Wages 
to be 
paid 
first in 
assign- 
ments. 



[Enacted March 11, 1872.] 

Attorney's fees in suits for wages. 

Sec. 924 (as amended by chapter 51, acts of 1907). The 
prevailing party in the justices' courts is entitled to costs of 
the action, and also of any proceedings taken by him in aid 
of an execution issued upon any judgment recovered therein. 
In actions for the recovery of wages for labor performed, thf» 
court shall add, as part of the costs, in any judgment recov- 
ered by the plaintiff, an attorney's fee not exceeding twenty 
per cent of the amount recovered. [Enacted March 11, 
1872.] 

Wages preferred — In assignments, administration, etc. 

Sec. 1204 (as amended by chapter 102, acts of 1901). 
When any assignment, whether voluntary or involuntary, is 
made for the benefit of the creditors of the assignor, or results 
from any proceeding in insolvency commenced against him, 
the wages and salaries of miners, mechanics, salesmen, serv- 
ants, clerks, laborers, and other persons, for services ren- 
dered for him within sixty days prior to such assignment, or 
to the commencement of such proceeding, and not exceeding 
one hundred dollars each, constitute preferred claims, and 
must be paid by the trustee or assignee before the claim of 
any creditor of the assignor or insolvent. [Enacted March 
11, 1872.] 



LABOR LAWS — CODE OF CIVIL PROCEDURE. . 2o 

Sec. 1205 (as amended by chapter 102, acts of 1901). in ad- 
Upon the death of any employer, the wages, not exceeding tion. 
one hundred dollars in amount, of each miner, mechanic, 
salesman, clerk, servant, laborer, or other employee, for work 
done or services rendered within sixty days prior to such 
death, must be paid before any other claim against the estate 
of such employer, except his funeral expenses, and expenses 
of the last sickness, the allowance to the widow and infant 
children, and the charges and expenses of administration. 
[Enacted March 11, 1872.] 

Sec 1206 (as amended by chapter 102, acts of 1901).^^" 
Upon the levy of any attachment or execution, not founded 
upon a claim for labor, any miner, mechanic, salesman, 
servant, clerk, laborer, or other person who has performed 
work or rendered services for the defendant within sixty 
days prior to the levy, may file a verified statement of his 
claim therefor with the officer executing the writ, and give 
copies thereof to the debtor and the creditor, and such claim, 
not exceeding one hundred dollars, unless disputed, must be 
paid by such officer from the proceeds of such levy remaining 
in his hands at the filing of such statement If any claim is 
disputed, within the time, and in the manner prescribed in 
section twelve hundred and seven, the claimant must within 
ten days thereafter commence an action for the recovery of 
his demand, which action must be prosecuted with due dili- 
gence, or his claim to priority of payment is forever barred. 
The officer must retain in his possession until the determina- 
tion of such action so much of the proceeds of the writ as 
may be necessary to satisfy the claim, and if the claimant 
recovers judgment, the officer must pay the same, including 
the costs of suit, from such proceeds. [Enacted March 11, 
1872.] 

This section gives only a preferred claim against the 
debtor, but does not give any lien upon his property: 74 Pac. 
Rep. 1037. 



26 



BUREAU OF LABOR STATISTICS. 



PENAL CODE. 



Protection of employees as voters. 
;i on Sec. 59. * * * It is not lawful for any employer, 



etc., by 
employ - 



in paying his employees the salary or wages due them, to 
inclose their pay in "pay envelopes" upon which there is 
written or printed the name of any candidate, or any political 
mottoes, devices, or arguments containing threats, express or 
implied, intended or calculated to influence the political opin- 
ions or actions of such employees. Nor is it lawful for any 
employer, within ninety days of any election, to put up or 
otherwise exhibit in his factory, workshop, or other estab- 
lishment or place where his workmen or employees may be 
working, any handbill or placard containing any threat, 
notice, or information, that in case any particular ticket of a 
political party, or organization, or candidate shall be elected, 
work in his place or establishment will cease, in whole or in 
part, or his place or establishment be closed up, or the 
salaries or wages of his workmen or employees be reduced, 
or threats, express or implied, intended or calculated to 
influence the political opinions or actions of his workmen 
or employees. This section applies to corporations as well 
as individuals, and any person or corporation violating the 
provisions of this section is guilty of a misdemeanor, and 
any corporation violating this section shall forfeit its charter. 
[Enacted February 14, 1872.] 



Certain employments of children forbidden. 

Mendi- Sec. 272. Any person, whether as parent, relative, guard- 
robatic? * an ' employer, or otherwise, having the care, custody, or 
control of any child under the age of sixteen years, who 
exhibits, uses, or employs, or in any manner, or under any 
pretense, sells, apprentices, gives away, lets out, or disposes 
of any such child to any person, under any name, title, or 
pretense, for or in any business, exhibition, or vocation, 
injurious to the health or dangerous to the life or limb of 
such child, or in or for the vocation, occupation, service, or 
purpose of singing, playing on musical instruments, rope or 
wire walking, dancing, begging, or peddling, or as a gymnast, 
acrobat, contortionist, or rider, in any place whatsoever, or 



Penalty. 



etc. 
occupa- 
tions. 



LABOR LAWS — PENAL CODE. 27 

for or in any obscene, indecent or immoral purposes, exhibi- 
tion, or practice whatsoever, or for or in any mendicant or 
wandering business whatsoever, or who causes, procures, or 
encourages such child to engage therein, is guilty of a misde- 
meanor, and punishable by a fine of not less than fifty nor 
more than two hundred and fifty dollars, or by imprisonment 
in the county jail for a term not exceeding six months, or by 
both such fine and imprisonment Nothing in this section 
contained applies to or affects the employment or use of any 
such child, as a singer or musician in any church, school, or 
academy, or the teaching or learning of the science or prac- 
tice of music ; or the employment of any child as a musician 
at any concert or other musical entertainment, on the written 
consent of the mayor of the city or president of the board 
of trustees of the city or town where such concert or en- 
tertainment takes place. [Added by code amdts., 1875-76, 
p. 110.] 

This section is constitutional : 86 Pac. Rep. 809. 

Sec. 273. Every person who takes, receives, hires, employs Hiring. 
uses, exhibits, or has in custody, any child under the age, etc ' 
and for any of the purposes mentioned in the preceding 
section, is guilty of a like offense, and punishable by a like 
punishment as therein provided. [Added by Stats. 1905, 
p. 759.] 

Sec. 273e. Every telephone, special delivery company or Sending 
association, and every other corporation or person engaged in sengers. 
the delivery of packages, letters, notes, messages, or other 
matter, and every manager, superintendent, or other agent 
of such person, corporation, or association, who sends any 
minor in the employ or under the control of any such person, 
corporation, association, or agent, to the keeper of any house 
of prostitution, variety theater, or other place of question- 
able repute, or to any person connected with, or any inmate 
of, such house, theater, or other place, or who permits such 
minor to enter such house, theater, or other place, is guilty 
of a misdemeanor. [Added by Stats. 1905, p. 760.] 

Sec. 273/ (added by chapter 294, acts of 1907). Any same 
person, whether as parent, guardian, employer, or otherwise, sub;iect - 
and any firm or corporation, who as employer or otherwise, 
shall send, direct, or cause to be sent or directed to any 
saloon, gambling house, house of prostitution, or other im- 



28 BUREAU OF LABOR STATISTICS. 

moral place, any minor under the age of eighteen, is guilty 
of a misdemeanor. 

Negligence of employees on steamboats, etc. 

Negii- Sec. 348. Every captain or other person having charge of 

captain, any steamboat used for the conveyance of passengers, or of 
Itea'm°- f the boilers and engines thereof, who, from ignorance or gross 
boats, neglect, or for the purpose of excelling any other boat in 
speed, creates, or allows to be created, such an undue quan- 
tity of steam as to burst or break the boiler, or any apparatus 
or machinery connected therewith, by which bursting or 
breaking human life is endangered, is guilty of a felony. 
[Enacted February 14, 1872.] 
Negii- Sec. 349. Every engineer or other person having charge 

enrian- of any steam boiler, steam engine, or other apparatus for 
fife! nS generating or employing steam, used in any manufactory, 
railway, or other mechanical works, who willfully, or from 
ignorance, or gross neglect, creates, or allows to be created 
such an undue quantity of steam as to burst or break the 
boiler or engine, or apparatus, or cause any other accident 
whereby human life is endangered, is guilty of a felony. 
[Enacted February 14, 1S72.] 
Negii- Sec. 368. Every person having charge of any steam boiler 

Sgi- ° or steam engine, or other apparatus for generating or em- 
neers, ploying steam, used in any manufactory, or on any railroad, 
or in any vessel, or in any kind of mechanical work, who 
willfully, or from ignorance or neglect, creates, or allows to 
be created, such an undue quantity of steam as to burst or 
break the boiler, engine, or apparatus, or to cause any other 
accident whereby the death of a human being is produced, is 
' punishable by imprisonment in the state prison for not less 
than one nor more than ten years. [Enacted February 14, 
1872.] 
of con- Sec. 369. Every conductor, engineer, brakeman, switch- 
ed., on' man, or other person having charge, wholly or in part, of any 
trams, railroad, car, locomotive, or train, who willfully or negli- 
gently suffers or causes the same to collide with another car, 
locomotive, or train, or with any other object or thing 
whereby the death of a human being is produced, is punish- 
able by imprisonment in the state prison for not less than 
one year nor more than ten years. [Enacted February 14, 
1872.] 



LABOR LAWS PENAL CODE. 29 

Street cars to be provided with brakes, etc. 

Sec. 369g. Any person, company, or corporation, operating ^ r ^| d 
cars on the streets of cities or towns, or on the county roads 
within the state, for the conveyance of passengers, propelled 
by means of wire ropes attached to stationary engines, or by 
electricity or compressed air, who runs, operates, or uses any 
car or dummy, unless each car and dummy, while in use, is 
fitted with a brake capable of bringing such car to a stop 
within a reasonable distance, and a suitable fender or appli- 
ance placed in front or attached to the trucks of such dummy 
or car, for the purpose of removing and clearing obstruc- 
tions from the track, and preventing any obstacles, obstruc- 
tions, or person on the track from getting under such dummy 
or car, and removing the same out of danger, and out of the 
way of such dummy or car, is guilty of a misdemeanor. 
Where the board of supervisors of any county, or the city 
council or other governing body of any city, by ordinance, 
order, or resolution, prescribe the fender or brake to be used 
as aforesaid, then a compliance with such ordinance, order. 
or resolution must be deemed a full compliance with the pro- 
visions of this section. [Stats. 1905, p. 7G6.] 

Intoxication and negligence of railroad employees. 

Sec. 369/. Any person employed upon any railroad as Engi- 
engineer, conductor, baggagemaster, brakeman, switchman, con- ' 
fireman, bridge tender, flagman, or signalman or having etc Ctors ' 
charge of the regulation or running of trains upon such rail- 
road, in any manner whatever, who becomes or is intoxicated 
while engaged in the discharge of his duties, is guilty of a 
misdemeanor ; and if any person so employed as aforesaid, 
by reason of such intoxication, does any act, or neglects 
any duty, which act or neglect causes the death of, or bodily 
injury to, anj person or persons, he is guilty of a felony. 
[Added by Stats. 1905, p. 767.] 

Sec. 391. Every person who is intoxicated while in charge same, 
of a locomotive engine, or while acting as conductor or driver 
upon any railroad train or car, whether propelled by steam 
or drawn by horses, or while acting as train dispatcher, or 
as telegraph operator, receiving or transmitting dispatches in 
relation to the movement of trains, is guilty of a misde- 
meanor. [Enacted February 14, 1872.] 



30 BUREAU OF LABOR STATISTICS. 

Negii- Sec. 393. Every engineer, conductor, brakeman, switch 
fndan- tender, or other officer, agent, or servant of any railroad com- 
gering pany, who is guilty of any willful violation or omission of 
his duty as such officer, agent or servant, whereby human 
life or safety is endangered, the punishment of which is not 
otherwise prescribed, is guilty of a misdemeanor. [Enacted 
February 14, 1872.] 

Misrepresentation — Kind of labor employed. 

Sec. 349a (as amended Stats. 1911, chapter 181). Any 
person engaged in the production, manufacture, or sale of 
any article of merchandise in this state, who, by any imprint, 
label, trade-mark, tag, stamp, or other inscription or device, 
placed or impressed upon such article, or upon the cask, box, 
case, or package containing the same, misrepresents or 
falsely states the kind, character, or nature of the labor 
employed or used, or the extent of the labor employed or 
used, or the number or kind of persons exclusively employed 
or used, or that a particular or distinctive class or character 
of laborers was wholly and exclusively employed, when in 
fact another class, or character, or distinction of laborers 
was used or employed either jointly or in any wise supple- 
mentary to such exclusive class, character, or distinction of 
laborers, in the production or manufacture of the article to 
which such imprint, label, trade-mark, tag, stamp, or other 
inscription or device is affixed, or upon the cask, box, case 
or package containing the same, is guilty of a misdemeanor, 
and punishable by a fine of not less than one hundred dollars 
nor more than five hundred dollars, or by imprisonment in 
the county jail for not less than twenty nor more than ninety 
days, or both. [Added by Stats. 1905, p. 669.] 

Protection of employees on buildings. 
Unsafe Sec. 402c. Any person or corporation employing or direct- 
in aff °t d * ng an °ther to do or perform any labor in the construction, 
alteration, repairing, painting or cleaning of any house, 
building or structure within this state, who knowingly or 
negligently furnishes or erects or causes to be furnished or 
erected for the performance of such labor, unsafe or improper 
scaffolding, slings, hangers, blocks, pulleys, stays, braces, 
ladders, irons, ropes or other mechanical contrivances, or who 
hinders or obstructs any officer attempting to inspect the 



LABOR LAWS PENAL CODE. 31 

same under the provisions of * * * ' [section 12 of act 
No. 1828, General Laws] or who destroys, or defaces or 
removes any notice posted thereon by such officer or permits 
the use thereof, after the same has been declared unsafe by 
such officer, contrary to the provisions of said section twelve 
of said act, shall be guilty of a misdemeanor. [Added by 
Stats. 1903, p. 216.] 

Protection of workmen as members of the National Guard. 

Sec. 421. No association or corporation shall by any con- piscrim- 

. mation 

stitution, rule, by-law, resolution, vote or regulation, dis- for- 
criminate against any member of the national guard of 
California because of his membership therein. Any person 
who willfully aids in enforcing any such constitution, rule, 
by-law, resolution, vote or regulation against any member of 
said national guard of California, is guilty of a misdemeanor. 
[Added by Stats. 1905, p. 190.] 

Employers to report names of taxable employees. 

Sec. 434. Every person who, when requested by the col- Em- 

plovers 

lector of taxes or licenses, refuses to give to such collector the to re- 
name and residence of each man in his employment, or to por ' 
give such collector access to the building or place where such 
men are employed, is guilty of a misdemeanor. [Enacted 
February 14, 1872.] 

Employees on public works. 

Sec. 653c. The time of service of any laborer, workman. Eight 
or mechanic employed upon any of the public works of the a day's 
State of California, or of any political subdivision thereof, work * 
or upon work done for said state, or any political subdivision 
thereof, is hereby limited and restricted to eight hours during 
any one calendar day ; and it shall be unlawful for any officer, 
or agent of said state, or of any political subdivision thereof, 
or for any contractor or subcontractor doing work under con- 
tract upon any public works aforesaid, who employs, or who 
directs or controls, the work of any laborer, workman, or 
mechanic, employed as herein aforesaid, to require or permit 
such laborer, workman, or mechanic, to labor more than eight 
hours during any one calendar day, except in cases of extraor- 
dinary emergency, caused by fire, flood, or danger to life 
or property, or except to work upon public military or naval 



32 



BUREAU OF LABOE STATISTICS. 



defenses or works in time of war. Any officer or agent of 
the State of California, or of any political subdivision thereof, 
making or awarding, as such officer or agent, any contract, 
the execution of which involves or may involve the employ- 
ment of any laborer, workman, or mechanic upon any of the 
public works, or upon any work, hereinbefore mentioned, 
shall cause to be inserted therein a stipulation which shall 
provide that the contractor to whom said contract is awarded 
shall forfeit, as a penalty, to the state or political subdivi- 
sion in whose behalf the contract is made and awarded, ten 
dollars for each laborer, workman, or mechanic employed, in 
the execution of said contract, by him, or by any subcon- 
tractor under him, upon any of the public works, or upon any 
work, hereinbefore mentioned, for each calendar day during 
which such laborer, workman, or mechanic is required or 
permitted to labor more than eight hours in violation of the 
provisions of this act ; and it shall be the duty of such officer 
or agent to take cognizance of all violations of the provisions 
of said act committed in the course of the execution of said 
contract, and to report the same to the representative of the 
state or political subdivision, party to the contract, author- 
ized to pay to said contractor moneys becoming due to him 
under the said contract, and said representative, when making 
payment of moneys thus due, shall withhold and retain there- 
from all sums and amounts which shall have been forfeited 
pursuant to the herein said stipulation. Any officer, agent, 
or representative of the State of California, or of any polit- 
ical subdivision thereof, who shall violate any of the provi- 
sions of this section, shall be deemed guilty of misdemeanor, 
and shall upon conviction be punished by fine not exceeding 
five hundred dollars, or by imprisonment, not exceeding six 
months, or by both such fine and imprisonment, in the dis- 
cretion of the court. [Added by Stats. 1905, p. 6G6.] 
Retain- Sec. 653d. Every person who employs laborers upon public 
wages, works, and who takes, keeps, or receives for his own use any 
part or portion of the wages due to any such laborers from 
the state or municipal corporation for which such work is 
done, is guilty of a felony. [Added by Stats. 1905, p. 667.] 

Protection of employees as members of labor organiza- 
tions. 

Sec. 679. Any person, or corporation within this state, or 
agent or officer on behalf of such person or corporation, who 



LABOR LAWS — PENAL CODE. 33 

shall hereafter coerce or compel any person or persons to Re- 
enter into an agreement, either written or verbal, not to join in g a lm- 
or become a member of any labor organization, as a condition fj^ 8 
of such person or persons securing employment or continuing ^ 1 e i m ^ r " 
in the employment of any such person or corporation, shall union. 
be guilty of a misdemeanor. [Added by Stats. 1893, p. 176.] 

Payment of wages in barrooms, etc. 

Sec. 680. Every person who shall pay any employee his Em- 
wages, or any part thereof, while such employee is in any no^tqbe 
saloon, barroom, or other place where intoxicating liquors are g|£? m 
sold at retail, unless said employee is employed in such rooms, 
saloon, barroom, or such other place where intoxicating 
liquors are sold, shall be deemed guilty of a misdemeanor. 
[Added by Stats. 1901, p. 660.] 



PENAL CODE- APPENDIX. 

(Page 762; Stats. 1903, page 289.) 

Labor combinations not unlawful. 

Section 1. No agreement, combination, or contract by or Labor 
between two or more persons to do or procure to be done, orments 
not to do or procure not to be done, any act in contemplation spiracy. 
or furtherance of any trade dispute between employers and 
employees in the State of California shall be deemed criminal, 
nor shall those engaged therein be indictable or otherwise 
punishable for the crime of conspiracy, if such act committed 
by one person would not be punishable as a crime, nor shall 
such agreement, combination, or contract be considered as in 
restraint of trade or commerce, nor shall any restraining 
order or injunction be issued with relation thereto. Nothing 
in this act shall exempt from punishment, otherwise than as 
herein excepted, any persons guilty of conspiracy, for which 
punishment is now provided by any act of the legislature, but 
such act of the legislature shall, as to the agreements, com- 
binations, and contracts hereinbefore referred to, be con- 
strued as if this act were therein contained : Provided, that 
nothing in this act shall be construed to authorize force or 
violence, or threats thereof. 



34 BUREAU OF LABOR STATISTICS. 

(Page 834; Stats. 1903, page 269.) 
Employment of labor — False representations. 

False Section 1. It shall be unlawful for any person, partner- 

ments. ship, company, corporation, association, or organization of 
any kind, doing business in this state directly or through any 
agent or attorney, to induce, influence, persuade, or engage 
any person to change from one place to another in this state 
or to change from any place in any state, territory, or coun- 
try to any place in this state, to work in any branch of labor, 
through or by means of knowingly false representations, 
whether spoken, written, or advertised in printed form, con- 
cerning the kind or character of such work, the compensation 
therefor, the sanitary conditions relating to or surrounding 

strikes, it, or the existence or non-existence of any strike, lockout, or 
other labor dispute affecting it and pending between the pro- 
posed employer or employers and the persons then or last 
theretofore engaged in the performance of the labor for 
which the employee is sought. 

Penalty. Sec. 2. Any violation of section one or section two hereof 
shall be deemed a misdemeanor, and shall be punished by a 
fine of not exceeding two thousand dollars or by imprison- 
ment for not more than one year, or by both such fine and 
imprisonment. 



LABOR LAWS — GENERAL LAWS. 35 



GENERAL LAWS. 



ACT No. 127. 

(Stats. 1901, page 589.) 
Employment of aliens on public works. 

Section 1. No person, except a native-born, or natural- A11ftm 
ized citizen of the United States, shall be employed in any g^JJJ. 
department of the state, county, city and county, or incor- ployed. 
porated city or town government in this state. 

Sec. 2. It shall be unlawful for any person, whether officers 
elected, appointed or commissioned to fill any office in either employ 
the state, county, city and county, or incorporated city or aliens. 
town government of this state, or in any department thereof, 
to appoint or employ any person to perform any duties what- 
soever, except such person be a native-born or naturalized 
citizen of the United States. 

Sec. 3. No money shall be paid out of the state treasury, Public 
or out of the treasury of any county, or city and county, or ™t ne to 
incorporated city or town, to any person employed in any of be P aid 

rr- • • -i aliens 

the offices mentioned in section two of this act, except such 
person shall be a native-born or naturalized citizen of the 
United States. 

ACT No. 219. 

(Stats. 1891, page 49.) 

State board of arbitration and conciliation. 

Section 1. On or before the first day of May of each year, Quaim- 
the governor of the state shall appoint three competent per- of ^em- 
sons to serve as a state board of arbitration and conciliation. ber5. 
One shall represent the employers of labor, one shall repre- 
sent labor employees, and the third member shall represent 
neither, and shall be chairman of the board. They shall hold 
office for one year and until their successors are appointed 
and qualified. If a vacancy occurs, as soon as possible 
thereafter the governor shall appoint some one to serve the 
unexpired terms : Provided, however, that when the parties 
to any controversy or difference, as provided in section two 
of this act, do not desire to submit their controversy to the 



36 BUREAU OF LABOR STATISTICS. 

Special state board, they may by agreement each choose one person, 

boards. an( j ^ e two shall choose a third, who shall be chairman and 
umpire, and the three shall constitute a board of arbitration 
and conciliation for the special controversy submitted to it, 
and shall for that purpose have the same powers as the state 
board. The members of the said board or boards, before 
entering upon the duties of their office, shall be sworn to 
faithfully discharge the duties thereof. They shall adopt 
such rules of procedure as they may deem best to carry out 
the provisions of this act. 

Duties Sec. 2. Whenever any controversy or difference exists 
' between an employer, whether an individual, copartnership, 
or corporation, which if not arbitrated, would involve a strike 
or lockout, and his employees, the board shall, upon applica- 
tion, as hereinafter provided, and as soon as practicable there- 
after, visit, if necessary, the locality of the dispute and make 
careful inquiry into the cause thereof, hear all persons inter- 
ested therein who may come before them, advise the respective 
parties what, if anything, ought to be done or submitted to 
by either, or both, to adjust said dispute and make a written 
decision thereof. This decision shall at once be made public, 
and shall be recorded upon proper books of record to be kept 
by the board. 

Appiica- Sec. 3. Said application shall be signed by said employer, 

t1011, or by a majority of his employees in the department of the 
business in which the controversy or difference exists, or 
their duly authorized agent, or by both parties, and shall 
contain concise statement of the grievances complained of, 
and a promise to continue on in business or at work, without 
any lockout or strike, until the decision of said board, which 
must, if possible, be made within three weeks of the date of 
filing the application. Immediately upon receipt of said 
application, the chairman of said board shall cause public 

Hearing. no ti C e to be given of the time and place for hearing. Should 
the petitioners fail to keep the promise made therein, the 
board shall proceed no further thereupon without the written 
consent of the adverse party. And the party violating the 
contract shall pay the extra cost of the board entailed thereby. 
The board may then reopen the case and proceed to the final 
arbitration thereof as provided in section two hereof. 

Decision. Sec. 4. The decision rendered by the board shall be bind- 
ing upon the parties who join in the application for six 



LABOR LAWS — GENERAL LAWS. 37 

months, or until either party has given the other a written 
notice of his intention not to be further bound by the condi- 
tions thereof after the expiration of sixty days or any time 
agreed upon by the parties, which agreement shall be entered 
as a part of the decision. Said notice may be given to the 
employees by posting a notice thereof in three conspicuous 
places in the shop or factory where they work. 

Sec. 5. Both employers and employees shall have the Com- 
right at any time to submit to the board complaints orSJay^e 
grievances and ask for an investigation thereof. The board ^ted. 
shall decide whether the complaint is entitled to a public 
investigation, and if they decide in the affirmative, they shall 
proceed to hear testimony, after giving notice to all parties 
concerned, and publish the result of their investigations as 
soon as possible thereafter. 

Sec. 6. The arbitrators hereby created shall be paid five Expense 
dollars per day for each day of actual service, and also their by^tate. 
necessary traveling and other expenses incident to the duties 
of their office shall be paid out of the state treasury ; but the 
expenses and salaries hereby authorized shall not exceed the 
sum of twenty-five hundred dollars for the two years. 

ACT No. 1036. 

(Stats. 1903, page 14.) 
Employment agencies. 

Section 1. Any person, firm, corporation or association Denni- 
pursuing for profit the business of furnishing, directly or tlon ' 
indirectly, to persons seeking employment, information 
enabling, or tending to enable such persons to secure such 
employment, or registering for any fee, charge, or commission 
the names of any persons seeking employment as aforesaid, 
shall be deemed to be an employment agent within the 
meaning of this act. 

Sec. 2. It shall be unlawful for an employment agent in Advance 
the State of California to receive, directly or indirectly, any charses " 
money or other valuable consideration from any person seek- 
ing employment, for any information or assistance furnished 
or to be furnished by said agent to such person, enabling or 
tending to enable said person to secure such employment, 
prior to the time at which said information or assistance is 
actually thus furnished. 



38 BUREAU OF LABOR STATISTICS. 

Sec. 3 (as amended, Stats. 1905, p. 143). It shall be 
unlawful for any employment agent in the State of Cali- 
fornia, to induce, influence, persuade, or engage any person 
to change from one place to another in this state, or to change 
from any place in any state, territory, or country, to any 
place in this state to work in any branch of labor, through 
or by means of any representations whatsoever, whether 
spoken, written, or advertised in printed form, unless such 
employment agent shall have assured himself beyond a rea- 
sonable doubt that such representations are true and cover 
all material facts affecting the employment in question. 
Fees to Whenever any such representation, whereby any person is 
turned, induced, influenced, persuaded, or engaged to change from 
one place to another in this state, or from any place in any 
state, territory, or country, to any place in this state to work 
in any branch of labor, shall prove to be in any material 
degree at variance with, or short of the truth, the employ- 
ment agent responsible for such representations shall imme- 
diately return to any person who shall have been influenced 
by such representations, any and all such fees paid by such 
Costs, person to said employment agent on the strength of such 
when. representations, together with an amount of money sufficient 
to cover all necessary expenses incurred by such person 
influenced by such representations in going to and returning 
from any place he shall have been influenced by such repre- 
sentations to visit in hope of such employment. 
Sec. 4. (Repealed, Stats. 1905, p. 143.) 
List of Sec. 5. The tax collector, or license collector of each 
agencies. reg p ec |-} ve c j ty> county, or city and county of the State of 
California shall furnish quarterly, to the commissioner of the 
bureau of labor statistics of the State of California the name 
and address of each employment agent doing business in said 
city, county, or city and county ; provided, that where the 
license is not a county license, but is collected by a municipal 
government, then the municipal collector of said tax shall 
furnish the names and addresses. 
Records. Sec. 6. Each employment agent in the State of California 
shall keep a written record, which shall show the name of 
each person making application to said agent for registration, 
information or assistance, such as is described in section two 
hereof ; the name of each such person to whom such registra- 
tion or information is furnished, and the amount received in 



LABOR LAWS — GENERAL LAWS. 39 

each such case therefor ; the name of each person who, having 
received and paid for, as herein contemplated, registration, 
information or assistance such as is described in section two 
hereof, fails to secure the employment regarding which such 
registration, information or assistance is furnished, together 
with the reason why said employment was not by said person 
secured, and the name of each person to whom return is made, 
in accordance with the provisions of section three hereof, of 
any money or other consideration such as is in said section 
named, together with the amount of said money, or the value 
of said consideration, thus returned. 

Sec. 7 (as amended, Stats. 1909, p. 149). Each employ- inspec- 
ment agent in the State of California shall permit the com- records. 
missioner of the bureau of labor statistics of said state, by 
himself, or by his deputies or agents, to have at all times 
access to, and to inspect, the record in section six hereof Access 
named, and upon demand in writing therefor by said commis- 
sioner, shall furnish to such commissioner a true copy of 
said record, or of such portion thereof as said demand in 
writing shall require a copy to be thus furnished. The com- Author- 
missioner, his deputies and agents shall have all powers and po W e?. d 
authority of sheriffs to make arrests for violations of the pro- 
visions of this act. 

Sec. 8 (as amended, Stats. 1909, p. 137). Any employ- Penalty 
ment agent or other person violating or omitting to comply lations" 
with any of the provisions of this act, shall be deemed guilty 
of a misdemeanor, and upon conviction shall be punished by 
a fine not exceeding five hundred (500) dollars, or by 
imprisonment not exceeding six (6) months, or by both such 
fine and imprisonment in the discretion of the court. All 
fines imposed and collected under the provisions of this actDisposi- 
shall be paid into the state treasury and credited to the con-fines. 
tingent fund of the bureau of labor statistics. 

ACT No. 1037. 

(Stats. 1909, page 191.) 
Regulation and licensing of employment agencies. 

Section 1. Any business, pursued for profit, for furnish- 
ing directly or indirectly, to persons seeking employment, 
information enabling, or tending to enable such persons to 
secure such employment, or registering for any fee, charge, 



40 BUREAU OF LABOR STATISTICS. 

or commission, the names of any persons seeking employment 
as aforesaid, shall be deemed to be an employment agency 
within the meaning of this act. 

Sec. 2. Every person, firm, corporation or association who 
conducts or operates an employment agency in the State of 
California, without first procuring a license therefor, as 
provided in this act, is guilty of a misdemeanor. 

Sec. 3. Licenses granting the privilege to conduct or 
operate employment agencies shall be issued and delivered 
upon application, by the commissioner of the bureau of labor 
statistics, which license shall contain the name of the person, 
firm, corporation or association, seeking to conduct or operate 
an employment agency, and the exact location of the employ- 
ment agency. 

Sec. 4. The licenses herein provided for shall be issued as 
follows : To any person, firm, corporation or association, con- 
ducting or operating, or seeking to conduct or operate an 
employment agency — 

1. In cities of the first, first and one half and second classes 
upon payment of fifty dollars. 

2. In cities of the third and fourth classes, upon payment 
of twenty-five dollars. 

3. In all other cities and towns, upon payment of six 
dollars. 

Sec. 5. Every person, firm, corporation or association 
applying for and procuring a license as herein provided shall 
give to the commissioner of the bureau of labor statistics, the 
name and resident address of such person, or the names and 
resident addresses of the partners of such firms, or the names 
and resident addresses of the officers and directors of such 
corporations or associations, and the city or town, street and 
number where the employment agency is conducted or oper- 
ated, or sought to be conducted and operated. 

Sec. 6. All licenses issued as herein provided shall be 
valid, and shall authorize the person, firm, corporation or 
association to whom issued, to conduct or operate an employ- 
ment agency on and from the date of issuing to the thirty- 
first day of March following, but no license shall continue in 
force for a longer period than one year. 

Sec. 7. All moneys collected for licenses as provided 
herein, and all fines collected for violation of the provisions 



LABOR LAWS — GENERAL LAWS. 41 

hereof, shall be paid into the state treasury and credited to 
the contingent fund of the bureau of labor statistics. 

Sec. 8. Every person, firm, corporation or association 
conducting or operating, or seeking to conduct or operate 
branch employment agencies in the same or different localities 
must procure a separate license for such branch employment 
agencies ; and no license issued as herein provided shall be 
transferable or used by any other person, firm, corporation 
or association than the one to whom it was issued, or used 
in a different location than the one for which it was issued, 
without the written consent of the commissioner of the 
bureau of labor statistics. 

Sec. 9. All licenses issued as herein provided, shall be 
posted in a conspicuous place, and any person, firm, corpora- 
tion or association having such license and who refuses to 
exhibit the same upon demand of any officer or agent of the 
bureau of labor statistics, or any peace officer of the state, 
shall be guilty of a misdemeanor ; and any person, firm, cor- 
poration or association lawfully having such licenses, and 
who transfers or disposes of the same to another person, 
firm, corporation or association to be used as an employment 
agency license, shall forfeit the same. 

Sec. 10. Every person, firm, corporation or association 
violating any of the provisions of this act, shall upon convic- 
tion thereof, be guilty of a misdemeanor. 

Sec. 11. Upon conviction, of any person, firm, corporation 
or association for the violation of any of the provisions of 
this act, or an act entitled, "An act defining the duties and 
liabilities of employment agents, making the violation thereof 
a misdemeanor, and fixing the penalties therefor," approved 
February 12, 1903, the commissioner of the bureau of labor 
statistics shall have the right to revoke all licenses issued to 
such person, firm, corporation or association, enabling them 
to conduct or operate an employment agency. 

Sec. 12. Nothing in this act shall be construed to prevent 
the collection of any tax or license by any county or munic- 
ipal authority. 

Sec. 13. All acts or parts of acts in conflict with this act 
are hereby repealed. 

Sec. 14. This act shall take effect and be in force from 
and after April first, 1909. 



42 BUREAU OF LABOR STATISTICS. 

ACT No. 1098. 

(Stats. 1889, page 3.) 
Sanitation and ventilation of factories and workshops. 
Sanita- Section 1. Every factory, workshop, mercantile or other 
establishment, in which five or more persons are employed, 
shall be kept in a cleanly state and free from the effluvia 
arising from any drain, privy, or other nuisance, and shall be 
provided, within reasonable access, with a sufficient number 
of water-closets or privies for the use of the persons employed 
therein. Whenever the persons employed as aforesaid are of 
different sexes, a sufficient number of separate and distinct 
water-closets or privies shall be provided for the use of each 
sex, which shall be plainly so designated, and no person shall 
be allowed to use any water-closet or privy assigned to per- 
sons of the other sex. 
yentiia- Sec. 2. Every factory or workshop in which five or more 
persons are employed shall be so ventilated while work is 
carried on therein that the air shall not become so exhausted 
as to be injurious to the health of the persons employed 
therein, and shall also be so ventilated as to render harmless, 
as far as practicable, all the gases, vapors, dust, or other 
impurities generated in the course of the manufacturing 
process or handicraft carried on therein, that may be inju- 
rious to health. 
Us e of Sec. 3. No basement, cellar, underground apartment, or 
cellars. th er place which the commissioner of the bureau of labor 
statistics shall condemn as unhealthy and unsuitable, shall 
be used as a workshop, factory, or place of business in which 
any person or persons shall be employed. 
Exhaust Sec. 4 (as amended, Stats. 1909, p. 43). In any factory, 
fans - workshop,, or other establishment where a work or process 
is carried on by which dust, filaments, or injurious gases are 
produced or generated, that are liable to be inhaled by per- 
sons employed therein, the person, firm, or corporation, by 
whose authority the said work or process is carried on, shall 
cause to be provided and used in said factory, workshop or 
other establishment, exhaust fans or blowers with pipes and 
hoods extending therefrom to each machine, contrivance or 
apparatus by which dust, filaments, or injurious gases are 
produced or generated. The said fans and blowers, and the 
said pipes and hoods, all to be properly fitted and adjusted, 



LABOR LAWS — GENERAL LAWS. 43 

and of power and dimensions sufficient to effectually prevent 
the dust, filaments, or injurious gases produced or generated 
by the above said machines, contrivances or apparatuses, 
from escaping into the atmosphere of the room or rooms of 
said factory, workshop or other establishment where persons 
are employed. 

Sec. 5 (as amended, Stats. 1903, p. 14). Every person, seats 
firm, or corporation employing females in any manufactur- female 
ing, mechanical, or mercantile establishment shall provide p^y ees 
suitable seats for the use of the females so employed, and 
shall provide such seats to the number of at least one third 
the number of females so employed ; and shall permit the use 
of such seats by them when they are not necessarily engaged 
in the active duties for which they are employed. 

Sec. 6 (as amended, Stats. 1901, p. 572). Any person or Penalty, 
corporation violating any of the provisions of this act is 
guilty of a misdemeanor, and upon conviction thereof shall 
be punished by a fine of not less than fifty dollars nor more 
than three hundred dollars, or by imprisonment in the county 
jail for not less than thirty days nor more than ninety days, 
or by both such fine and imprisonment, for each offense. 

Sec. 7. It shall be the duty of the commissioner of the Enforce- 
bureau of labor statistics to enforce the provisions of this act. men ' 

Sec. 8. This act shall take effect and be in force from and 
after its passage. 

ACT No. 1611. 

(Stats. 1905, page 11; entire statute reenacted Stats. 1911, 
chapter 456.) 

Child labor law. 

Section 1. No minor under the age of eighteen shall be Minors 
employed in laboring in any manufacturing, mechanical, or wor k 
mercantile establishment, or other place of labor, more than j£°™ 
nine hours in one day, except when it is necessary to make £j££ 
repairs to prevent the interruption of the ordinary running a day. 
of the machinery, or when a different apportionment of the 
hours of labor is made for the sole purpose of making a 
shorter day's work for one day of the week, and in no case 
shall the hours of labor exceed fifty-four hours in a week. 

Sec. 2 (as amended, Stats. 1907, pp. 978, 979; 1909, p. Not to 
387; 1911, chap. 456). No minor under the age of eighteen ^ ^ 
years shall be employed or permitted to work between the 5 a. m. 



44 BUREAU OF LABOB STATISTICS. 

hours of ten o'clock in the evening and five o'clock in the 
Children morning. No child under fifteen years of age shall be 

under 

fifteen, employed in any mercantile institution, office, laundry, man- 
ufacturing establishment, workshop, place of amusement, 
restaurant, hotel, apartment house, or in the distribution or 
transmission of merchandise or messages ; provided, that the 
juvenile judge of the juvenile court of the county, or city and county, 
™ay l or in any county or city and county in which there is no 
child 1 * J uvenile court, then any judge of the superior court of the 
over county or city and county in which such child resides shall 

twelve .... 

to work, have authority to issue a permit to work to any such child 
over the age of twelve years, upon a sworn statement being 
made to him by the parent of such child that such child is 
past the age of twelve years, that the parents or parent of 
such child are incapacitated for labor, through illness, and 
after investigation by a probation officer or attendance officer 
of the city, or city and county, in which such child resides, 
or in cities and counties where there are no probation or 
attendance officers, then by such other competent person as 
the judge may designate for this purpose. The permit so 
issued shall specify the kind of labor and the time for which 
it is issued, and shall in no case be issued for a longer 
period than shall seem necessary to the judge issuing such 
permit. Such permit shall be kept on file by the person, 
firm or corporation employing the child therein designated, 
during the term of said employment, and shall be given up to 
such child upon his quitting such employment. Such certifi- 
cate shall be always open to the inspection of the attendance 
and probation officers of the city and county, city or county, 
in which the place of employment is situated, or the officers 
of the state bureau of labor statistics ; and provided, that the 
Attend- attendance officer of any county, city and county, or school 
officer district in which any place of employment, in this section 
m ay named, is situated, shall have the right and authority, at all 
places of times to enter into any such place of employment for the 
ment° y " purpose of investigating violations of the provisions of this 
act, or violations of the provisions of an act entitled "An 
act to enforce the educational rights of children and providing 
penalties for the violation of the act," approved March 24, 
1903, and amended March 20, 1905 ; provided, however, that 
if such attendance or probation officer is denied entrance to 
such place of employment, any magistrate may, upon the 



LABOR LAWS — GENERAL LAWS. 45 

filing of an affidavit by such attendance or probation officer 
setting forth the fact that he had a good cause to believe 
that the provisions of this act, or the act hereinbefore 
referred to, are being violated in such place of employment, 
issue an order directing such attendance or probation officer 
to enter said place of employment for the purpose of making 
such investigations ; and provided, that any such child over Empioy- 
the age of twelve years may be employed at any of the occu- children 
pations mentioned in this act during the regular vacation ^cation, 
of the public schools of the city, county, or city and county, 
in which the place of employment is situated, upon the pro- 
duction of a permit signed by the principal, vice-principal of 
the school, or secretary of the board of school trustees or 
board of education of the school which such child has 
attended during the term next preceding any such vacation. 
Such permit shall contain the name and age of the child to 
whom it is issued, and the date of the termination of the 
vacation for which it is issued, and shall be kept on file by 
the employer during the period of employment, and at the 
termination of such employment shall be returned to the 
child to whom it was issued. No minor who is under sixteeen Minors 
years of age shall be employed or permitted to work at any ^\H n 
gainful occupation during the hours that the public schools "o^ 
of the city, town or school district in which his place of during 
employment is situated are in session, unless he or she can hours. 
read English at sight and can write legibly and correctly 
simple English sentences, or unless he or she is. a regular 
attendant for the then current term at a regularly conducted 
night school. A certificate of the principal of such school 
shall be held to be sufficient evidence of such attendance. 

Sec. 3 (as amended, Stats. 1909, p. 389; 1911, chap. 45G). Posting 
Every person, firm or corporation employing minors under of work 
eighteen years of age, in any manufacturing establishment, hours - 
shall post, and keep posted, in a conspicuous place in every 
room where such help is employed, a written or printed notice 
stating the number of hours per day for each day of the 
week required of such persons. Every person, firm, or cor- Record 
poration, agent or officer of a firm or corporation, employing minors 
or permitting minors under sixteen and over fifteen years of p^yed. 
age to work in any mercantile institution, office, laundry, 
manufacturing establishment, workshop, place of amusement, 
restaurant, hotel, apartment house, or in the distribution or 



46 BUREAU OF LABOR STATISTICS. 

transmission of merchandise or messages, shall keep a record 
of the names, ages, and places of residence of such minors, 
and shall have on file a certificate of age and schooling, as 
provided in this act, for every such minor so employed, said 
record and certificate to be open at all times to the inspection 
of the school attendance and probation officers of the city 
and county, city, or county, in which the place of employ- 
ment is situated, or of the officers of the state bureau of 
labor statistics. 

Age and An age and schooling certificate shall be approved only by 

ingcer- the superintendent of schools of the city or city and county, 

tificates. or k y a p erson authorized by him in writing, or where there 

is no city or city and county superintendent of schools, by a 

person authorized by the local school trustees ; provided, that 

the superintendent or principal of any school of recognized 

standing shall have the right to approve an age and schooling 

certificate, and shall have the same rights and powers as the 

superintendent of public schools to issue the certificate herein 

provided, for children attending such schools. The persons 

authorized to issue age and schooling certificates shall have 

the authority to administer the oaths necessary for carrying 

out the provisions of this act, but no fees shall be charged 

for issuing such certificates. An age and schooling certificate 

shall not be approved unless satisfactory evidence is furnished 

by the last school census, the certificate of birth or baptism 

of such child, the public register of birth of such child, or ic 

some other manner, that such child is of the age stated in 

Dupii- such certificate. A duplicate copy of each age and schooling 

copy certificate granted under the provisions of this act shall be 

filed * kept by the person issuing such certificate, such copy to be 

filed with the county superintendent of schools in the county 

where the certificate is issued ; provided, that all such copies 

of certificates issued between June 25th and December 25th 

of any year shall be filed not later than December 31st oi 

such year ; and those issued between December 25th and June 

25th of the ensuing year shall be filed not later than June 

30th of each year. Such certificates shall be substantially in 

the following form, to wit : 

Form Age and Schooling Certificate. — This certifies that I am the 

tificate. (father, mother, or guardian) of (name of the child), anc 

that (he or she) was born at (name of town or city), in the 

county of (name of county, if known), and state (or coun- 



LABOR LAWS — GENERAL LAWS. 47 

try) of (name), on the day (day and year of birth), and is 
now (number of years and of months) old. 

Signature, as provided in this act. 

Town or city, and date. 

There personally appeared before me the above named 
(name of person signing) and made oath that the following 
certificate by (him or her) signed is true to the best of (his 
or her) knowledge and belief. 

I hereby approve the foregoing certificate of (name of 
child), height (feet and inches), complexion (fair or dark), 
hair (color), having no sufficient reason to doubt that (he or 
she) is of the age therein certified, and I hereby certify that 
(he or she) (can or can not) read English at sight, and (can 
or can not) write legibly simple sentences in the English 
language. There is hereto attached a written request from 
the prospective employer of such child, that an age and 
schooling certificate be granted to such child. 

Signature of the person authorized to sign, with his official 
character and authority. 

Town or city and date. 

This certificate belongs to the person in whose behalf it is 
drawn, and it shall be presented to (him or her) whenever 
(he or she) leaves the services of the person, firm, or corpo- 
ration holding the same. The certificate as to the birthplace 
and age of the minor under sixteen and over fifteen years of 
age shall be signed by his father, his mother, or his guardian ; 
if a child has no father, mother, or guardian living in the 
same city or town, his own signature to the certificate may 
be accepted by the person authorized to approve the same. 
Every person authorized to sign the certificate prescribed by 
this act, who knowingly certifies to any false statement 
therein, is guilty of a misdemeanor, and upon conviction 
thereof shall be fined not less than five nor more than fifty 
dollars, or imprisonment not more than thirty days, or by 
both such fine and imprisonment. The county superintendent infor- 
of schools of each county shall file with the commissioner of fiied° n 
the bureau of labor statistics a report showing the number J^eau 
of age and schooling certificates issued to male and female °£ labor 
minors, fifteen years of age, and such other detailed informa- tistics. 
tion as the commissioner may require. Said report to be 
filed during the months of January and July of each year 
for the preceding six months, ending June 25th and Decern- 



48 BUREAU OF LABOR STATISTICS. 

ber 25th of each year, and cover certificates issued during 
said periods and on file in the office of the county superin- 
tendent of schools as described in paragraph five of this 
section. 

Remain- Sec. 3a (added, Stats. 1911, chap. 456). Provided, how- 
ionge d r le Gver > that n ° child having a permit to work, as prescribed in 
weeks!™ section two of this act > an d n ° child having an age and school- 
ing certificate, as described in section three of this act, and 
no other child, between the ages of fifteen and sixteen years, 
who, if between the ages of eight and fifteen years, would by 
law be required to attend school, shall, while the public 
schools are in session, be and remain idle and unemployed 
for a period longer than two weeks, but must enroll and 
attend school ; provided, that within one week after any child 
having such a permit to work or such age and schooling 
certificate shall have ceased to be employed by any employer, 
such employer shall, in writing, giving the latest correct 
address of such child known to such employer, notify, in the 
case of a child having a permit to work, the judge of the 
juvenile court in the county of said child's residence, or thel 
probation officer of such juvenile court, or in the case of a I 
child having an age and schooling certificate, the county I 
superintendent of schools of such county, that such child isl 
no longer employed by such employer ; and such judge of thel 
juvenile court, or such probation officer, or such county I 
superintendent of schools, shall thereupon immediately notifyl 
the attendance officer having jurisdiction in the place of suchl 
child's residence, giving the said latest correct address of suchl 
child, that such child is neither at work nor in school ; audi 
provided, further, that no such child shall be permitted tol 
cease school attendance, without securing a permit to work,f 
or an age and schooling certificate as provided in this act. 
Failure Sec. 4 (as amended, Stats. 1909, p. 391; 1911, chap. 456) J 
pVwit'n Any person, firm, corporation, agent, or officer of a firm or 
misde- corporation that violates or omits to comply with any of 
meanor. foregoing provisions of this act, or that employs or suffers or 
permits any minor to be employed in violation thereof, id 
guilty of a misdemeanor, and shall, upon conviction thereofj 
be punished by a fine of not less than fifty dollars or more 
than two hundred dollars, or by imprisonment for not morej 
than sixty days, or by both such fine and imprisonment, foJ 
each and every offense. A failure to produce any age and 



LABOR LAWS — GENERAL LAWS. 49 

schooling certificate or permit or to post any notice required 
by this act, shall be prima facie evidence of the illegal 
employment of any person whose age and schooling certificate 
or permit is not produced, or whose name is not so posted. 
Any fine collected under the provisions of this act shall be 
paid into the school funds of the county, or city, or city and 
county in which the offense occurred ; except such fines 
imposed and collected as the result of prosecutions by the 
officers of the bureau of labor statistics. In such cases one Fines 
half of the resultant fine or fines shall be paid into the state ?^ 
treasury and credited to the contingent fund of the bureau of ffj™£ 
labor statistics, and one half paid into the school funds of 
the county, or city, or city and county in which the offense 
occurred. 

Sec. 5 (as amended, Stats. 1911, chap. 45G). Nothing in Employ - 
this act shall be construed to prohibit the employment of during 
minors at agricultural, horticultural, or viticultural or domes- school 
tic labor during the time the public schools are not in session, is not in 

' session 

or during other than school hours. Nor shall anything in not pro- 
this act be construed to prohibit any child between the ages 
of fifteen and eighteen years, who is by any statute or 
statutes of the State of California, now or hereafter in force, 
permitted to be employed as an actor, or actress, or per- 
former, in a theatre, or other place of amusement, previous to Employ - 
the hour of ten o'clock p. M., in the presentation of a per- JSor in 

rmance, play or drama, continuing from an earlier hour ^^0- 
till after the hour of ten o'clock p. M., from performing his hibited. 
or her part in such presentation as such employee between 
the hours of ten and twelve o'clock p. M. 

Sec. 6 (as amended, Stats. 1909, p. 391; 1911, chap. 456). Enforce- 
It shall be the duty of the bureau of labor statistics to enforce JS? 
the provisions of this act. The commissioner, his deputies, 
and agents, shall have all powers and authority of sheriffs to 
make arrests for violations of the provisions of this act. 

The above statute was declared constitutional in a unani- 
mous opinion of the State Supreme Court in the case of 
Ex parte Silencer, decided July 9, 1906, 86 Pac. Rep. 896. 



3 — LL 



50 BUREAU OF LABOR STATISTICS. 

ACT No. 1733. 

(Stats. 1909, page 227.) 
Japanese — Statistics concerning. 

Section 1. Upon this act becoming effective the governor 
shall direct the state labor commissioner to immediately 
undertake and complete as soon as possible the gathering and 
compiling of statistics and such other information regarding 
the Japanese of this state as may be useful to the governor 
in making a proper report to the president of the United 
States and to congress, and in furnishing to the people of this 
state and elsewhere a comprehensive statement of such con- 
ditions as actually exist. Upon the order of the governor 
such statistics and information shall be printed and dis- 
tributed. 

Sec. 2. The sum of ten thousand dollars, or so much 
thereof as may be necessary, is hereby appropriated out of 
any money in the state treasury not otherwise appropriated 
to carry out the provisions of this act. And the controller 
is hereby authorized to draw his warrants for the sum herein 
made available, and the state treasurer is hereby directed to 
pay the same. 

Sec. 3. This act shall take effect immediately. 

ACT No. 1734. 

(Stats. 1909, page 719.) 
Japanese — Records to be kept. 

Section 1. It is hereby declared to be the duty of all 
officers of this state and all officers of each respective county, 
city, or city and county, in addition to their other duties, to 
keep such records as shall be required under the provisions 
of an act entitled "An act to provide for the gathering, com- 
piling, printing and distribution of statistics and information 
regarding the Japanese of the state, and making an appro- 
priation therefor," and to furnish to the commissioner of the 
bureau of labor statistics, upon request, whatever data it may 
be necessary for the commissioner to acquire in complying 
with the provisions of said act. 

Sec. 2. This act shall take effect immediately. 



LABOR LAWS — GENERAL LAWS. 51 

ACT No. 1827. 

(Stats. 1905, page 109.) 
Social Statistics. 

Section 1. The commissioner of the bureau of labor sta- Commis- 

sioner 

tistics is hereby directed, in addition to his other duties, to of labor, 
collect and present in his biennial report to the legislature, 
statistics relating to marriage, divorce and crime. 

Sec. 2. It is hereby declared to be the duty of all officers Duty of 
of each respective county, city, or city and county, in addition officers 
to their other duties, whose duty it is to keep a record of^ a a t ory. 
marriage, divorce or crime, and they must furnish to the 
commissioner of the bureau of labor statistics, upon his 
request, whatever data it may be necessary for said commis- 
sioner to acquire in complying with the provisions of section 
one of this act. 

Sec. 3. This act shall take effect and be in force imme- Enforce- 
diately upon its passage and approval. Sateof. 



ACT No. 1828. 

(Stats. 1883, page 27.) 
Bureau of labor statistics. 

Section 1 (as amended, Stats. 1911, chap. 21). As soon commis- 

sioner 

as possible after the passage of this act, the governor of the 
state shall appoint a suitable person to act as commissioner 
of a bureau of labor statistics. The headquarters of said 
bureau shall be located in the city and county of San Fran- 
cisco. Said commissioner shall hold office and serve solely at Term 
the pleasure of the governor, and not otherwise. 

Sec. 2. The commissioner of the bureau, before entering Official 
upon the duties of his office, must execute an official bond in 
the sum of five thousand (5,000) dollars, and take the oath 
of office, all as prescribed by the Political Code for state 
officers in general. 

Sec 3. The duties of the commissioner shall be to collect, Duties, 
assort, systematize, and present, in biennial reports to the 
legislature, statistical details, relating to all departments of 
labor in the state, such as the hours and wages of labor, cost 
of living, amount of labor required, estimated number of 
persons depending on daily labor for their support, the proo- 
able chances of all being employed, the operation of labor- 



52 BUREAU OF LABOR STATISTICS. 

saving machinery in its relation to hand labor, etc. Said 
statistics may be classified as follows: 
of la sta e - S First — In agriculture, 
tistics. Second — In mechanical and manufacturing industries. 

Third — In mining. 

Fourth — In transportation on land and water. 

Fifth — In clerical and all other skilled and unskilled labor 
not above enumerated. 

Sixth — The amount of cash capital invested in lands, build- 
ings, machinery, material, and means of production and dis- 
tribution generally. 

Seventh — The number, age, sex, and condition of persons 
employed ; the nature of their employment ; the extent to 
which the apprenticeship system prevails in the various 
skilled industries ; the number of hours of labor per day ; the 
average length of time employed per annum, and the net 
wages received in each of the industries and employments 
enumerated. 

Eighth — The number and condition of the unemployed, 
their age, sex, and nationality, together with the cause of 
their idleness. 

Ninth — The sanitary condition of lands, workshops, dwell- 
ings ; the number and size of rooms occupied by the poor, etc. ; 
the cost of rent, fuel, food, clothing, and water in each locality 
of the state ; also the extent to which labor-saving processes 
are employed to the displacement of hanu labor. 

Tenth— The number and condition of the Chinese in the 
state ; their social and sanitary habits ; number of married 
and of single ; the number employed, and the nature of their 
employment; the average wages per day at each employment, 
and the gross amount yearly ; the amounts expended by them 
in rent, food, and clothing, and in what proportion such 
amounts are expended for foreign and home productions, 
respectively ; to what extent their employment comes in com- 
petition with the white industrial classes of the state. 

Eleventh — The number, condition and nature of the employ- 
ment of the inmates of the state prisons, county jails, and 
reformatory institutions, and to what extent their employ- 
ment comes in competition with the labor of mechanics, 
artisans and laborers outside of these institutions. 

Twelfth — All such other information in relation to labor 
as the commissioner may deem essential to further the object 



LABOR LAWS — GENERAL LAWS. 53 

sought to be obtained by this statute, together with such 
strictures on the condition of labor and the probable future 
of the same as he may deem good and salutary to insert in 
his biennial reports. 

Sec. 4. It shall be the duty of all officers of state depart- duties 

„ . . „ , of state 

ments, and the assessors of the various counties of the state, officers. 
to furnish, upon the written request of the commissioner, all 
the information in their power necessary to assist in carrying 
out the objects of this act ; and all printing required by the 
bureau in the discharge of its duty shall be performed by the 
state printing department, and at least three thousand 
(3,000) copies of the printed report shall be furnished the 
commissioner for free distribution to the public. 

Sec. 5. Any person who willfully impedes or prevents the Hinder- 
commissioner, or his deputy, in the full and free performance C ommis- 
of his or their duty, shall be guilty of a misdemeanor, and S10ner - 
upon conviction of the same shall be fined not less than ten 
(10) nor more than fifty (50) dollars, or imprisoned not less 
than seven (7) nor more than thirty (30) days in the county 
jail, or both. 

Sec. 6. The office of the bureau shall be open for business infor- 
from nine (9) o'clock A. M. until five (5) o'clock p. m. every to a be°fur- 
day except non-judicial days, and the officers thereof shall nisned - 
give to all persons requesting it all needed information which 
they may possess. 

Sec. 7 (as amended, Stats. 1SS9, p. 6). The commissioner wit - 
shall have power to send for persons and papers whenever in nesses - 
his opinion it is necessary, and he may examine witnesses 
under oath, being hereby qualified to administer the same in 
the performance of his duty, and the testimony so taken must 
be filed and preserved in the office of said commissioner. He 
shall have free access to all places and works of labor, and Access 
any principal, owner, operator, manager, or lessee of any tones." 
mine, factory, workshop, warehouse, manufacturing or mer- 
cantile establishment, or any agent or employee of such prin- 
cipal, owner, operator, manager, or lessee who shall refuse to 
said commissioner, or his duly authorized representative, 
admission therein, or who shall, when requested by him will- 
fully neglect or refuse to furnish to him any statistics or 
information, pertaining to his lawful duties, which may be in 
the possession or under the control of said principal, owner, 
operator, lessee, manager or agent thereof, shall be punished 



54 BUREAU OF LABOR STATISTICS. 

by a fine of not less than fifty nor more than two hundred 

dollars. 
mauon Sec * 8 (as amen <3ed, Stats. 1889, p. 7). No use shall be 
confl- made in the reports of the bureau of the names of individuals, 

dential. „ . . . ' 

farms, or corporations supplying the information called for by 
this act, such information being deemed confidential, and not 
for the purpose of disclosing any person's affairs ; and any 
agent or employee of said bureau violating this provision shall 
be deemed guilty of a misdemeanor, and upon conviction 
thereof shall be punished by a fine not to exceed five hundred 
dollars or by imprisonment in the county jail not to exceed 
six months. 

Depu- Sec. 9 (as amended, Stats. 1889, p. 7; 1907, pp. 306, 307; 

ties ' 1909, p. 36; 1911, chap. 634). The commissioner shall ap- 
point two deputies, who shall have the same power as said 
commissioner, one of whom shall reside in the city and county 

Assist- of San Francisco and the other in the city of Los Angeles ; 

ants. one assistant deputy, who shall reside in the county of Los 
Angeles ; a statistician ; a stenographer, and such agents or 
assistants, as he may from time to time require, at such rate 
of wages as he may prescribe, but said rate must not exceed 
five dollars per day, and actual traveling expenses for each 
person while employed. He shall procure rooms necessary 
for offices, at a rent not to exceed the sum of one hundred 
and fifty dollars per month. 

salaries. Sec. 10 (as amended, Stats. 1889, p. 7; 1907, pp. 306, 307; 
1909, p. 36; 1911, chap. 634). The salary of the commis- 
sioner shall be three thousand dollars per annum, the salary 
of each deputy commissioner shall be twenty-four hundred 
dollars per annum, the salary of the assistant deputy shall 
be twenty-one hundred dollars per annum, the salary of the 
statistician shall be twenty-one hundred dollars per annum, 
the salary of the stenographer shall be twelve hundred dollars 
per annum, to be audited by the controller and paid by the 
state treasurer in the same manner as other state officers. 
There shall also be allowed a sum not to exceed twenty 
thousand dollars per annum for salaries of agents or assist- 
ants, for traveling expenses, and for other contingent expenses 
of the bureau. 

inspec- Sec. 12 (as amended, Stats. 1901, p. 12). Whenever com- 

scaffoid- Pl am t i s made to the commissioner that the scaffolding, or 

i»g- the slings, hangers, blocks, pulleys, stays, braces, ladders. 



LABOR LAWS — GENERAL LAWS. 55 

irons, or ropes of any swinging or stationary scaffolding used 
in the. construction, alteration, repairing, painting, cleaning, 
or painting of a building are unsafe or liable to prove danger- 
ous to the life or limb of any person, such commissioner shall 
immediately cause an inspection to be made of the scaffolding 
or the slings, hangers, blocks, pulleys, stays, braces, ladders, 
iron, or other parts connected therewith. If after examina- 
tion such scaffolding or any of such parts is found dangerous 
to life or limb, the commissioner shall prohibit the use 
thereof, and require the same to be altered and reconstructed 
so as to avoid such danger. The commissioner, deputy com- 
missioner, or agent or assistant making the examination shall 
attach a certificate to the scaffolding, or the slings, hangers, 
irons, ropes, or other parts thereof, examined by him, stating 
that he has made such examination and that he found it safe 
or unsafe as the case may be. If he declared it unsafe, he 
shall at once, in writing, notify the person responsible for its 
erection of the fact and warn him against the use thereof. 
Such notice may be served personally upon the person respon- 
sible for its erection or by conspicuously affixing to the 
scaffolding or the part thereof declared to be unsafe. After 
such notice has been so served or affixed the person respon- 
sible therefor shall immediately remove such scaffolding or 
part thereof and alter or strengthen it in such a manner as 
to render it safe, in the discretion of the officer who has 
examined it or of his superiors. The commissioner, his 
deputy, and any duly authorized representative whose duty 
it is to examine or test any scaffolding or part thereof as 
required by this section, shall have free access, at all reason- 
able hours, to any building or premises containing them or 
where they may be in use. All swinging and stationary 
scaffolding shall be so constructed as to bear four times the 
maximum weight required to be dependent therefrom and 
placed thereon, when in use, and not more than four men 
shall be allowed on any swinging scaffolding at one time. 
This act shall lake effect immediately. 



56 BUREAU OF LABOR STATISTICS. 

ACT No. 1830. 

(Stats. 1909, page 546.) 
Unlawful wearing of union button. 

Section 1. Any person who shall willfully wear the button 
of any labor union of this state, unless entitled to wear said 
button under the rules of such union, shall be guilty of a 
misdemeanor, and, upon conviction, shall be punished by 
imprisonment for a term not to exceed twenty days in the 
county jail or by a fine not to exceed twenty dollars, or by 
both such fine and imprisonment. 

ACT No. 1831. 

(Stats. 1909, page 668.) 
Unlawful using of union card. 

Section 1. Any person, who shall willfully use the card 
of any labor union to obtain aid, assistance or employment, 
thereby within this state, unless entitled to use said card 
under the rules and regulations of a labor union within this 
state, shall be guilty of a misdemeanor. 

Sec. 2. All acts, and parts of acts, in conflict with the 
provisions of this act, are hereby repealed. 

ACT No. 2062. 

(Stats. 1909, page 400.) 
Shoddy — Labeling of. 

Section 1. All persons manufacturing in this state, in 
whole or in part, any article of hotel, boarding house, lodging 
house or domestic or office furniture, or beds or mattresses, or 
cushions, used or intended to be or that could be used by 
human beings, that are stuffed or made in whole or in part, 
with material composed in whole or in part from second-hand 
or cast-off clothing, rags, or second-hand, or cast-off material 
of any character whatever, or with shoddy, shall at the time 
of the completion of such manufacture attach to a conspicuous 
place upon each of such articles so manufactured by him, a 
label or stamp showing the correct character of the materials 
with which the cushion portion of such articles of furniture or 
beds or cushions or mattresses are stuffed, and no person so 
manufacturing any such articles shall allow the same or any 






LABOR LAWS — GENERAL LAWS. 57 

thereof to leave his possession in the course of trade or 
business unless such label or stamp is so affixed, and no per- 
son shall sell, or offer for sale, in this state any of such 
articles of furniture, or beds, or mattresses, or cushions, 
whether the same are manufactured in this state or not, 
unless such a label or stamp is so affixed. 

Sec. 2. Any person violating any of the provisions of this 
act shall be guilty of a misdemeanor, and upon conviction 
thereof shall be punished by a fine of not less than fifty, nor 
more than five hundred dollars, or imprisoned not more than 
six months, or by both such fine and imprisonment. 

Sec. 3 (as amended, Stats. 1911, chap. 73). It shall be 
the duty of the commissioner of the bureau of labor statistics 
to enforce the provisions of this act. The commissioner, his 
deputies and agents shall have all powers and authority of 
sheriffs to make arrests for violations of the provisions of 
this act. 

ACT No. 2137. 
(Stats. 1893, page 54.) 
Weekly day of rest. 

Section 1. Every person employed in any occupation of one 
labor shall be entitled to one day's rest therefrom in seven, reSin 
and it shall be unlawful for any employer of labor to cause seven - 
his employees, or any of them, to work more than six days in 
seven ; provided, however, that the provisions of this section 
shall not apply to any case of emergency. 

Sec. 2. For the purposes of this act, the term day's restAppiica- 
shall mean and apply to all cases, whether the employee is of Yaw. 
engaged by the day, week, month, or year, and whether the 
work performed is done in the day or nighttime. 

Sec. 3. Any person violating the provisions of this actvioia- 
shall be deemed guilty of a misdemeanor. 

ACT No. 2141. 

(Stats. 1909, page 157 ; entire act amended, Stats. 1911, 
chapter 590.) 

Protection of workmen on buildings. 

Section 1. Any building more than two stories high in 
the course of construction shall have the joists, beams or 
girders of each and every floor below the floor or level where 



58 BUREAU OF LABOR STATISTICS. 

any work is being done, or about to be done, covered with 
flooring laid close together, or with such other suitable 
material to protect workmen engaged in such building from 
falling through joists or girders, and from falling planks, 
bricks, rivets, tools, or any other substance whereby life and 
limb are endangered. 

Sec. 2. Such flooring shall not be removed until the same 
is replaced by the permanent flooring in such building. 

Sec. 3. It shall be the duty of the general contractor 
having charge of the erection of such building to provide for 
the flooring as herein required, or to make such arrange- 
ments as may be necessary with subcontractors in order that 
the provisions of this act may be carried out. 

Sec. 4. It shall be the duty of the owner or the agent of 
the owner of such building to see that the general contractor 
or subcontractors carry out the provisions of this act. 

Sec. 5. Should the general contractor or subcontractors 
of such building fail to provide for the flooring of such build- 
ing, as herein provided, then it shall be the duty of the owner 
or the agent of the owner of such building to see that the 
provisions of this act are carried out. 

Sec. 6. Failure upon the part of the owner, agent of the 
owner, general contractor, or subcontractors to comply with 
the provisions of this act shall be deemed a misdemeanor and 
shall be punishable as such. 

Sec. 7. This act shall take effect within sixty days. 

ACT No. 2223. 

(Stats. 1873-74, page 726.) 

Mine regulations — Coal mines. 
Map. Section 1. The owner or agent of every coal mine shall 

make or cause to be made an accurate map or plan of the 

workings of such coal mine, on a scale of one hundred feet to 

the inch. 
Same to Sec. 2. A true copy of which map or plan shall be kept at 
be open tne ffi ce f the owner or owners of the mine, open to the 
inspec- inspection of all persons, and one copy of such map or plan 

shall be kept at the mines by the agent or other person 

having charge of the mines, open to the inspection of the 

workmen. 



tion. 



LABOR LAWS — GENERAL LAWS. 59 

Sec. 3. The owner or agent of every coal mine shall pro- Escape 
vide at least two shafts or slopes, or outlets, separated by shaft * 
natural strata of not less than one hundred and fifty feet in 
breadth, by which shafts, slopes, or outlets distinct means 
of ingress and egress are always available to the persons 
employed in the coal mine ; provided, that if a new tunnel, 
slope, or shaft will be required for the additional opening, 
work upon the same shall commence immediately after the 
passage of this act, and continue until its final completion, 
with reasonable dispatch. 

Sec. 4. The owner or agent of every coal mine shall pro- ventiia- 
vide and establish for every such mine an adequate amount tlon ' 
of ventilation, of not less than fifty-five cubic feet per second 
of pure air, or thirty-three hundred feet per minute, for every 
fifty men at work in such mine, and as much more as cir- 
cumstances may require, which shall be circulated through 
to the face of each and every working place throughout the 
entire mine, to dilute and render harmless and expel there- 
from the noxious, poisonous gases, to such an extent that 
the entire mine shall be in a fit state for men to work 
therein, and be free from danger to the health and lives of 
the men by reason of said noxious and poisonous gases, and 
all workings shall be kept clear of standing gas. 

Sec. 5. To secure the ventilation of every coal mine, and inspec- 
provide for the health and safety of the men employed therein, overseer. 
otherwise and in every respect, the owner, or agent, as the 
case may be, in charge of every coal mine, shall employ a 
competent and practical inside overseer, who shall keep a 
careful watch over the ventilating apparatus, over the air 
ways, the traveling ways, the pumps and slumps, the timber- 
ing, to see as the miners advance in their excavations that all 
loose coal, slate, or rock overhead is carefully secured against 
falling ; over the arrangements for signaling from the bottom 
to the top, and from the top to the bottom of the shaft or 
slope, and all things connected with the [and] appertaining 
to the safety of the men at work in the mine. He, or his 
assistants, shall examine carefully the workings of all mines 
generating explosive gases, every morning before the miners 
enter, and shall ascertain that the mine is free from danger, 
and the workmen shall not enter the mine until such exam- 
ination has been made and reported, and the cause of danger, 
if any, be removed. 



60 BUREAU OF LABOR STATISTICS. 

Hoisting Sec. G. The overseer shall see that hoisting machinery is 
cMnery. ke Pt constantly in repair and ready for use, to hoist the 

workmen in or out of the mine, 
owner Sec. 7. The word "owner" in this act shall apply to lessee 

defined. *?l * 

as well. 
Action Sec. 8. For any injury to person or property occasioned 
injuries, by any violation of this act, or any willful failure to comply 
with its provisions, a right of action shall accrue to the 
party injured for any direct damages he or she may have sus- 
tained thereby, before any court of competent jurisdiction. 
Negii- Sec. 9. For any willful failure or negligence on the part 

overseer, of the overseer of any coal mine, he shall be liable to convic- 
tion of misdemeanor, and punished according to law ; pro- 
vided, that if such willful failure or negligence is the cause of 
the death of any person, the overseer, upon conviction, shall 
be deemed guilty of manslaughter. 
Boilers. $ec. 10. All boilers used for generating steam in and 
about coal mines shall be kept in good order, and the owner 
or agent thereof shall have them examined and inspected, by 
a competent boilermaker, as often as once in three months. 
Excep- Sec. 11. This act shall not apply to opening a new coal 

tion. 

mine. 

ACT No. 2224. 

(Stats. 1881, page 81.) 
Miners' hospital. 

Object. Section 1. There shall be erected, as soon as conveniently 
may be, upon some suitable site, * * * a public hospital 
and asylum for the reception, care, medical, and surgical 
treatment, and relief of the sick, injured, disabled, and aged 
miners, which shall be known as the "California State Miners' 
Hospital and Asylum." 
Charges. Sec. 5. Indigent miners shall be charged for medical at- 
tendance, surgical operations, board, and nursing while resi- 
dents in the hospital and asylum, no more than the actual 
cost ; paying patients, whose friends can pay their expenses, 
and who are not chargeable upon townships and counties, 
shall pay according to the terms directed by the trustees. 
Patients Sec. 6. The several boards of supervisors of counties, or 
counties, any constituted authority in the state having care and charge 
etc ' of any indigent sick, or aged person or persons, if satisfac- 
torily proven by them to have been miners, shall have author- 



LABOR LAWS — GENERAL LAWS. 61 

ity to send to the "California State Miners' Hospital and 
Asylum" such persons, and they shall be severally chargeable 
with the expenses of the care, maintenance, and treatment, 
and removal to and from the hospital and asylum of such 
patients. 

ACT No. 2225. 

(Stats. 1893, page 82.) 
Mine regulations — Signals. 

Section 1. Every person, company, corporation, or indi- Mine 
vidual operating any mine within the State of California — Slgna b ' 
gold, silver, copper, lead, coal, or any other metal or sub- 
stance where it is necessary to use signals by means of bell 
or otherwise for shafts, inclines, drifts, crosscuts, tunnels, 
and underground workings — shall, after the passage of this 
bill, adopt, use, and put in force the following system or 
code of mine bell signals, as follows : 

1 bell, to hoist. (See Rule 2.) 

1 bell, to stop if in motion. 

2 bells, to lower. (See Rule 2.) 

3 bells, man to be hoisted; run slow. (See Rule 2.) 

4 bells, start pump, if not running, or stop pump if run- 
ning. 

5 bells, send down tools. (See Rule 4.) 

6 bells, send down timbers. (See Rule 4.) 

7 bells, accident ; move bucket or cage by verbal orders 
only. 

1 — 3 bells, start or stop air compressor. 

1 — 4 bells, foreman wanted. 

2 — 1 — 1 bells, done hoisting until called. 

2 — 1 — 2 bells, done hoisting for the day. 

2 — 2 — 2 bells, change buckets from ore to water, or vice 
versa. 

3 — 2 — 1 bells, ready to shoot in the shaft. (See Rule 3.) 

Engineer's signal, that he is ready to hoist, is to raise the 
bucket or cage two feet and lower it again. (See Rule 3.) 

Levels shall be designated and inserted in notice herein- 
after mentioned. (See Rule 5.) 

Sec. 2. For the purpose of enforcing and properly under- R U i es . 
standing the above code of signals, the following rules are 
hereby established : 

Rule 1. — In giving signals make strokes on bell at regular 



02 BUREAU OF LABOE STATISTICS. 

intervals. The bar ( — ) must take the same time as for one 
stroke of the bell, and no more. If timber, tools, the fore- 
man, bucket, or cage, are wanted to stop at any level in the 
mine, signal by number of strokes on the bell, the number of 
the level first before giving the signal for timber, tools, etc. 
Time between signals to be double bars ( ). Examples: 

G 5, would mean stop at sixth level with tools. 

4 1 — 1 1, would mean stop at fourth level, man 

on, hoist. 

2 1 — 4, would mean stop at second level with foreman. 

Rule 2. — No person must get on or off the bucket or cage 
while the same is in motion. When men are to be hoisted, 
give the signal for men. Men must then get on bucket or 
cage, then give the signal to hoist. Bell cord must be in 
reach of man on the bucket or cage at stations. 

Rule 3. — After signal "Ready to shoot in shaft," engineer 
must give his signal when he is ready to hoist. Miners must 
then give the signal of "men to be hoisted," then "spit fuse," 
get into the bucket, and give the signal to hoist. 

Rule Jf.— All timbers, tools, etc., "longer than the depth of 
the bucket," to be hoisted or lowered, must be securely lashed 
at the upper end to the cable. Miners must know they will 
ride up or down the shaft without catching on rocks or tim- 
bers, and be thrown out. 

Rule 5. — The foreman will see that one printed sheet of 
these signals and rules for each level and one for the engine 
room are attached to a board not less than twelve inches wide 
by thirty-six inches long, and securely fasten the board up 
where signals can be easily read at the places above stated. 

Rule 6. — The above signals and rules must be obeyed. Any 
violation will be sufficient grounds for discharging the party 
or parties so doing. No person, company, corporation, or 
individuals operating any mine within the State of California 
shall be responsible for accidents that may happen to men 
disobeying the above rules and signals. Said notice and rules 
shall be signed by the person or superintendent having charge 
of the mine, who shall designate the name of the corporation 
or the owner of the mine. 
Liability Sec. 3. Any person or company failing to carry out any 
lation " of the provisions of this act shall be responsible for all dam- 
ages arising to or incurred by any person working in said 
mine during the time of such failure. 



LABOR LAWS— GENERAL LAWS. 63 

ACT No. 2230. 

(Stats. 1909, page 279. ) 
Hours of labor in mines and smelting works. 

Section 1. That the period of employment for all persons 
who are employed or engaged in work in underground mines 
in search of minerals, whether base or precious, or who are 
engaged in such underground mines for other purposes, or 
who are employed or engaged in other underground workings 
whether for the purpose of tunneling, making excavations or 
to accomplish, any other purpose or design, or who are 
emploj-ed in smelters and other institutions for the reduction 
or refining of ores or metals, shall not exceed eight hours 
within any twenty-four hours, and the hours of employment 
in such employment or work day shall be consecutive, exclud- 
ing, however, any intermission of time for lunch or meals ; 
provided, that in the case of emergency where life or property 
is in imminent danger, the period may be a longer time during 
the continuance of the exigency or emergency. 

Sec. 2. Any person who shall violate any provision of this 
act, and any person who as foreman, manager, director or 
officer of a corporation, or as the employer or superior officer 
of any person, shall command, persuade or allow any person 
to violate any provision of this act, shall be guilty of a mis- 
demeanor and upon conviction shall be punished by a fine of 
not less than fifty dollars ($50.00) nor more than three hun- 
dred dollars ($300.00), or by imprisonment of not more than 
three months. And the court shall have discretion to impose 
both fine and imprisonment as herein provided. 

Sec. 3. All acts and parts of acts inconsistent with this 
act are hereby repealed. 

The foregoing statute was held to be constitutional: Ex parte 
Martin, 106 Pac. Rep. 235. 

ACT No. 2553. 

(Stats. 1909, page 3S3.) 
Vacations. 

Section 1. Each employee regularly employed at the state 
hospitals and each employee regularly employed in the service 
of any of the state commissions or state boards or in the state 
printing office who shall have been employed for a period of 
not less than six months shall be allowed, during each year 



64 BUREAU OF LABOR STATISTICS. 

of his service, a vacation of not less than fifteen days' dura- 
tion ; said vacation to be without loss of pay, and the time 
allowed for said vacation to be designated by the manage- 
ment of such state hospitals, and by the members of the state 
commissions and state boards and by the superintendent of 
state printing. 

Sec. 2. This act shall take effect immediately. 

ACT No. 2665. 

(Stats. 1905, page 28.) 
Hours of labor of drug clerks. 
Limit Section 1. As a measure for the protection of public 

hours health, no person employed by any person, firm or corpora- 
per day. t j on ^ shall for more than an average of ten hours a day or 
sixty hours a week of six consecutive calendar days perform 
the work of selling drugs or other medicines, or compounding 
physicians' prescriptions, in any store, establishment or place 
of business, where and in which drugs or medicines are sold 
at retail, and where and in which physicians' prescriptions 
are compounded ; provided, that the answering of and attend- 
ing to emergency calls shall not be construed as a violation of 
this act. 

Employ- Sec. 2. No person, firm or corporation employing another 
stricted. P er son to do work which consists wholly or in part of selling 
at retail, drugs or medicines, or of compounding physicians' 
prescriptions, in any store, or establishment or place of busi- 
ness where or in which medicines are sold and where ana in 
which physicians' prescriptions are compounded shall require 
or permit said employed person to perform such work for 
more than an average of ten hours a day, or sixty hours a 
week of six consecutive calendar days, 
viola- Sec. 3. Any person, firm or corporation violating any of 

tions. t ^ e provisions of this act shall be deemed guilty of misde- 
meanor and shall be punished therefor by a fine not less than 
twenty dollars nor more than fifty dollars or by imprison- 
ment for not exceeding sixty daj-s, or by both such fine and 
imprisonment, at the discretion of the court. 
Enforce- Sec. 5 (added Stats. 1907, pp. 273, 274). The commis- 
sioners of the state bureau of labor statistics are [sic] hereby 
authorized, directed and empowered to enforce the provisions 
of this act. 



LABOR LAWS — GENERAL LAWS. 65 

ACT No. 2838. 

(Stats. 1883, page 366.) 
Plumbers to be registered. 

Section 1. Every master or journeyman plumber carrying Begis- 
on his trade shall, under such rules and regulations as the Squired 
board of health of such county, or city and county, shall 
prescribe, register his name and address at the health office 
of such county, or city and county ; and after the said date it 
shall not be lawful for any person to carry on the trade of 
plumbing in any county, or city and county, unless his name 
and address be registered as above provided. 

Sec. 2. A list of the registered plumbers shall be published Li st to 
in the yearly report of the health office. lished. 

ACT No. 2839. 

(Stats. 1885, page 12.) 
Examination and licensing of plumbers. 

Section 1. It shall not be lawful for any person to carry License 
on business, or labor as a master or journeyman plumber, in 
any incorporated city, or in any city and county, in this state 
until he shall have obtained from the board of health of said 
city or city and county a license authorizing him to carry on 
business, or labor as such mechanic. A license so to do shall 
be issued only after a satisfactory examination by the board Exami- 
of each applicant upon his qualifications to conduct such 
business or to so labor. All applications for license, and all 
licenses issued, shall state the name in full, age, nativity, and 
place of residence of the applicant or person so licensed. It 
shall be the duty of the secretary of each board of health to 
keep a record of all such licenses issued, together with an 
alphabetical index to the same. 

Sec. 2. A list of all licensed plumbers shall be published List. 
in the yearly report of the health officer or board of health. 

ACT No. 2894. 

(Stats. 1897, page 201.) 
Rates of wages of employees on public works. 

Section 1. The minimum compensation to be paid for $2 a 

wage. 



6G BUREAU OF LABOR STATISTICS. 

or by the authority of any officer of this state acting in his 
official capacity, or under the direction, control, or by the 
authority of any municipal corporation within this state, or 
of any officer thereof acting as such, is hereby fixed at two 
(2) dollars per day; and a stipulation to that effect must be 
made a part of all contracts to which the state, or any 
Proviso, municipal corporation therein, is a party ; provided, however, 
that this act shall not apply to persons employed regularly 
in any of the public institutions of the state, or any city, city 
and county, or county. 

ACT No. 3574a. 

(Stats. 1909, page 209.) 
Employment of children — Enforcement of laws. 

Section 1. All minors coming within the provisions of an 
act entitled "An act regulating the employment and hours 
of labor of children, prohibiting the employment of minors 
under certain ages, prohibiting the employment of certain 
illiterate minors, providing for the enforcement hereof by the 
commissioner of the bureau of labor statistics and providing 
penalties for the violation hereof," (approved February 20, 
1905,) and found employed and at work without the neces- 
sary legal authorization as provided for and required in said 
act, and whose ages are between the maximuir and minimum 
age limits as described in an act entitled, "An act to enforce 
the educational rights of children and providing penalties for 
violation of the act," shall be placed or delivered into the 
custody of the school district authorities of the county, city, 
or city and county in which they are found illegally at work. 

Sec. 2. The commissioner of the bureau of labor statistics 
is hereby authorized, directed and empowered to enforce the 
provisions of this act. 

Sec. 3. This act shall take effect immediately. 



LABOR LAWS STATUTES 1911. 67 



STATUTES OF 1911. 

CHAPTER 49. 
Railroads — Full crews. 

An act to promote the safety of employees and travelers upon 
railroads by compelling common carriers by railroad to 
properly man their trains. 

[Approved February 20, 1911.] 

The people of the State of California, represented in senate 

and assembly, do enact as follows: 

Section 1. It shall be unlawful for any common carrier Fun 
by railroad in the State of California operating more than 
four trains each way per day of twenty-four hours on any 
main track or branch line of railroad within this state to run, 
or permit to be run, any passenger, mail, or express train 
propelled or drawn by steam locomotive that has not at least 
the following named employees thereon : One engineer, one passen- 
fireman, one conductor, one brakeman, one baggageman ; pro- fJain. 
vided, that on any such train upon which baggage is not 
hauled a baggageman need not be employed ; provided, 
further, that on any such train where four passenger coaches 
or cars exclusive of railroad officers' private cars, or more 
than four passenger coaches or cars are hauled, two brake- 
men instead of one shall be employed. 

Sec. 2. It shall be unlawful for any such common carrier Freight 
to run, or permit to be run, any freight or work train pro- train * 
pelled or drawn by steam locomotive that has not at least 
the following named employees thereon : One engineer, one 
fireman, one conductor, two brakemen ; provided, that on any 
such freight or work train composed of fifty cars or more, 
three brakemen instead of two shall be employed. 

Sec.- 3. It shall be unlawful for any such common carrier Mini- 
to run or permit to be run any train propelled or drawn by crew. 
steam locomotive other than those trains described in sec- 
tion 1 and section 2 of this act, that have not at least the 
following named employees thereon : One engineer, one fire- 
man, one conductor, and one brakeman ; provided, that noth- 
ing in this section contained shall apply to an engine or 



neer. 



ductor. 



08 BUREAU OF LABOR STATISTICS. 

Relief engines without cars ; nor to any relief train or wrecking 
train. train in any case where a sufficient number of employees to 
comply with this section are not available for service on such 
relief or wrecking train. 
Engi- Sec. 4. It shall be unlawful for any such common carrier 

to employ any person as a steam locomotive engineer who 
shall not have had at least two years' actual service as a 
steam locomotive fireman, or one year of actual service as a 
steam locomotive engineer, or to employ any person as a con- 
Con- ductor who shall not have had at least two years of actual 
service as a railroad brakeman, or one year at actual service 
as a railroad conductor, or to employ any person as a brake- 
Brake- man who shall not have passed the regular examination 
man. required by transcontinental railroads ; provided, that noth- 
ing in this section contained shall apply to the running or 
operating of steam locomotives to or from trains at divisional 
terminals by hostlers or to the running or operating of steam 
locomotives to and from engine houses or to the doing of 
work on steam locomotives at shops and engine houses. 
Penalty. Sec. 5. Any violation of this act shall be deemed a misde- 
meanor, and shall be punished, upon conviction, by fine not 
exceeding five hundred dollars, or by imprisonment in a 
county jail not exceeding six months, or by both such fine 
and imprisonment, 
strikes. Sec. 6. Nothing in this act contained shall apply to the 
operation of any train by common carriers during times of 
strikes or walkouts, participated in by any of the herein- 
before mentioned employees of such common carriers. 

CHAPTER 92. 
Payment of wages — Must be negotiable. 

An act prohibiting the issuance as payment for wages of any 
evidence of indebtedness unless the same is negotiable and 
payable without discount, and providing that the same must 
be payable upon demand. 

[Approved March 1, 1911.] 

The people of the State of California, represented in senate 

and assembly, do enact as follows: 

Sable Section 1. No person, firm, or corporation engaged in 

inpay- any business or enterprise within this state shall issue, in 
ment of payment of or as an evidence of indebtedness for wages due 

wages. 



LABOR LAWS — STATUTES 1911. 69 

an employee, any order, check, memorandum or other acknowl- 
edgment of indebtedness, unless the same is negotiable, and 
is payable upon demand without discount in cash at some 
bank or other established place of business in the state ; pro- 
vided, however, that the provisions of this act shall not apply 
to counties, cities and counties, municipal corporations, quasi- 
municipal corporations, or school districts organized and 
existing under the laws of this state. 

Sec. 2. Any person, firm, or corporation who shall violate 
any of the provisions of this act shall be guilty of a misde- 
meanor, and upon conviction thereof, shall be punished by a 
fine not to exceed five hundred dollars, or by imprisonment 
in the county jail for not more than six months, or by both 
such fine and imprisonment. 

CHAPTER 258. 

Eight-hour law for women. 

An act limiting the hours of labor of females employed in any 
manufacturing, mechanical or mercantile establishment, 
laundry, hotel, or restaurant, or telegraph or telephone 
establishment or office, or by any express or transportation 
company; compelling each employer in any manufacturing, 
mechanical, or mercantile establishment, laundry, hotel or 
restaurant, or other establishment employing any female to 
provide suitable seats for all female employees and to 
permit them to use such seats when they are not engaged 
in the active duties of their employment ; and providing a 
penalty for failure, neglect or refusal of the employer to 
comply with the provisions of this act, and for permitting 
or suffering any overseer, superintendent, foreman or other 
agent of any such employer to violate the provisions of 
this act. 

[Approved March 22, 1911.] 

The people of the State of California, represented in senate 
and assembly, do enact as follows: 

Section 1. No female shall be employed in any manufac- Hours of 
turing, mechanical or mercantile establishment, laundry, ^° rk 
hotel, or restaurant, or telegraph or telephone establishment females - 
or office, or by any express or transportation company in this 
state more than eight hours during any one day or more than 
forty-eight hours in one week. The hours of work may be so 



TO BUREAU OF LABOR STATISTICS. 

arranged as to permit the employment of females at any 
time so that they shall not work more than eight hours during 
the twenty-four hours of one day, or forty-eight hours during 
any one week ; provided, however, that the provisions of this 
section in relation to the hours of employment shall not apply 
to nor affect the harvesting, curing, canning or drying of any 
variety of perishable fruit or vegetable. 
Seats Sec. 2. Every employer in any manufacturing, mechanical 

females. or mercantile establishment, laundry, hotel, or restaurant, or 
other establishment employing any female, shall provide suit- 
able seats for all female employees, and shall permit them to 
use such seats when they are not engaged in the active duties 
of their employment. 
Penalty. Sec. 3. Any employer who shall require any female to 
work in any of the places mentioned in section one more than 
the number of hours provided for in this act during any day 
of twenty-four hours, or who shall fail, neglect, or refuse to 
so arrange the work of females in his employ so that they 
shall not work more than the number of hours provided for 
in this act during any day of twenty-four hours, or who shall 
fail, neglect, or refuse to provide suitable seats as provided 
in section two of this act, or who shall permit or suffer any 
overseer, superintendent, foreman, or other agent of any such 
employer to violate any of the provisions of this act, shall be 
guilty of a misdemeanor, and upon conviction thereof shall be 
fined for each offense not less than fifty dollars nor more than 
two hundred dollars, or imprisoned in the county jail not less 
than five nor more than thirty days, or both fined and impris- 
oned. 

CHAPTER 399. 
Employers' liability law. 

An act relating to the liability of employers for injuries or 
death sustained by their employees, providing for compensa- 
tion for the accidental injury of employees, establishing an 
industrial accident board, making an appropriation there- 
for, defining its powers and providing for a review of its 
awards. 

[Approved April 8, 1911.] 

The people of the State of California, represented in senate 

and assembly, do enact as follows: 

Section 1. In any action to recover damages for a per- 
sonal injury sustained within this state by an employee while 



LABOR LAWS — STATUTES 1911. 71 

engaged in the line of his duty or the course of his employ- contrib- 
ment as such, or for death resulting from personal injury so negn- 
sustained, in which recovery is sought upon the ground of |® nc ^ 
want of ordinary or reasonable care of the employer, or of bar t0 
any officer, agent or servant of the employer, the fact that 
such employee may have been guilty of contributory negli- 
gence shall not bar a recovery therein where his contributory 
negligence was slight and that of the employer was gross, in 
comparison, but the damages may be diminished by the jury 
in proportion to the amount of negligence attributable to 
such employee, and it shall be conclusively presumed that 
such employee was not guilty of contributory negligence in 
any case where the violation of any statute enacted for the 
safety of employees contributed to such employee's injury ; 
and it shall not be a defense : 

Assump- 

(1) That the employee either expressly or impliedly tion of 
assumed the risk of the hazard complained of. defense. 

(2) That the injury or death was caused in whole or in.^%^ 

r doctrii 
abro- 

servant. gated. 

Sec. 2. No contract, rule or regulation, shall exempt the Em- 
employer from any of the provisions of the preceding section [SfS- 
of this act. g 1 ^ 

Sec. 3. Liability for the compensation hereinafter pro- tract - 
vicled for, in lieu of any other liability whatsoever, shall, Em- 
without regard to negligence, exist against an employer for liable 
any personal injury accidentally sustained by his employees, pensa" 11 " 
and for his death if the injury shall approximately cause tion - 
death, in those cases where the following conditions of com- 
pensation concur : 

(1) Where, at the time of the accident, both the employer when 
and employee are subject to the provisions of this act accord- parties 
ing to the succeeding sections hereof. Sacf* 

(2) Where, at the time of the accident, the employee is when 
performing service growing out of and incidental to his p^f^m- 
employment and is acting within the line of his duty or in s dut y- 
course of his employment as such. 

(3) Where the injury is approximately caused by apci- where 
dent, either with or without negligence, and is not so caused mfcfcon- 
by the wilful misconduct of the emplovee. duct not 

*ii i i • • i. . cause of 

And where such conditions of compensation exist for any injury. 
personal injury or death, the right to the recovery of such 



72 BUREAU OF LABOR STATISTICS. 

Right to compensation pursuant to the provisions of this act, and acts 
is C exciu- amendatory thereof, shall be the exclusive remedy against the 
remedy employer for such injury or death, except that when the 
unless injury was caused by the personal gross negligence or wilful 
pioyer personal misconduct of the employer, or by reason of his 

grossly 

negii- violation of any statute designed for the protection of 
gent * employees from bodily injury, the employee may, at his option, 
either claim compensation under this act, or maintain an 
action for damages therefor ; in all other cases the liability 
of the employer shall be the same as if this and the succeed- 
ing sections of this act had not been passed, but shall be 
subject to the provisions of the preceding sections of this act. 
Sec. 4. The following shall constitute employers subject 
to the provisions of this act within the meaning of the pre- 
ceding section : 
Em- (1) The state, and each county, city and county, city, 

defined, town, village and school districts and all public corporations, 
every person, firm, and private corporation, (including any 
public service corporation) who has any person in service 
under any contract of hire, express or implied, oral or 
written, and who, at or prior to the time of the accident to 
the employee for which compensation under this act may be 
claimed, shall, in the manner provided in the next section, 
have elected to become subject to the provisions of this act, 
and who shall not, at the time of such accident, have with- 
drawn such election, in the manner provided in the next 
section. 
Em- Sec. 5. Such election on the part of the employer shall be 

subject made by filing with the industrial accident board, hereinafter 
visions provided for a written statement to the effect that he accepts 
of act. the provisions of this act, the filing of which statement shall 
operate, within the meaning of section three of this act, to 
subject such employer to the provisions of this act and all 
acts amendatory thereof for the term of one year from the 
date of the filing of such statement, and thereafter, without 
further act on his part, for successive terms of one year each, 
unless such employer shall, at least sixty days prior to the 
expiration of such first or any succeeding year, file in the 
office of said board a notice in writing to the effect that he 
withdraws his election to be subject to the provisions of the 
act. 



LABOR LAWS — STATUTES 1911. 73 

Sec. 6. The term "employee" as used in section three of 
this act shall be construed to mean : 

(1) Every person in the service of the state, or any county, Em- 
city and county, city, town, village or school district therein, defined. 
and all public corporations, under any appointment or con- 
tract of hire, express or implied, oral or written, except any 
official of the state, or of any county, city and county, city, 
town, village or school district therein or any public corpora- 
tion, who shall have been elected or appointed for a regular 
term of one or more years, or to complete the unexpired 
portion of any such regular term. 

(2) Every person in the service of another under any con- 
tract of hire, express or implied, oral or written, including 
aliens, and also including minors who are legally permitted 
to work under the laws of the state, (who, for the purposes 
of the next section of this act, shall be considered the same 
and shall have the same power of contracting as adult 
employees,) but not including any person whose employment 
is but casual and not in the usual course of the trade, busi- 
ness, profession or occupation of his employer. 

Sec. 7. Any employee as defined in subsection (1) of the 
preceding section shall be subject to the provisions of this act 
and of any act amendatory thereof. Any employee as defined 
in subsection (2) of the preceding section shall be deemed to E ^" 
have accepted and shall, within the meaning of section 3 of subject 
this act be subject to the provisions of this act and of any visions 
act amendatory thereof, if, at the time of the accident upon of act ' 
which liability is claimed : 

(1) The employer charged with such liability is subject to 
the provisions of this act, whether the employee has actual 
notice thereof or not ; and 

(2) At the time of entering into his contract of hire, 
express or implied, with such employer, such employee shall 
not have given to his employer notice in writing that he elects 
not to be subject to the provisions of this act, or, in the 
event that such contract of hire was made in advance of such 
employer becoming subject to the provisions of the act, such 
employee shall, without giving such notice, remain in the 
service of such employer for thirty days after the employer 
has filed with said board an election to be subject to the 
terms of this act. 

4 — LL 



74 BUREAU OF LABOR STATISTICS. 

Sec. 8. Where liability for compensation under this act 
exists the same shall be as provided in the following schedule : 
Medical (1) Such medical and surgical treatment, medicines, med- 
surgicai ical and surgical supplies, crutches and apparatus, as may be 
££*£" reasonably required at the time of the injury and thereafter 
and ,. during the disability, but not exceeding ninety days, to cure 
and relieve from the effects of the injury, the same to be pro- 
vided by the employer, and in case of his neglect or refusal 
seasonably to do so, the employer to be liable for the reason- 
able expense incurred by or on behalf of the employee in pro- 
viding the same ; provided, however, that the total liability 
under this subdivision shall not exceed the sum of $100.00. 
Time (2) If the accident causes disability, an indemnity which 

ment y shall be payable as wages on the eighth day after the injured 
employee leaves work as the result of the injury, and weekly 
thereafter, which weekly indemnity shall be as follows : 
Payment (a) If the accident causes total disability, sixty-five per 
dis-° a cent of the average weekly earnings during the period of such 
ability. ^otal disability ; provided, that if the disability is such as not 
only to render the injured employee entirely incapable of 
work, but also so helpless as to require the assistance of a 
nurse, the weekly indemnity during the period of such assist- 
ance shall be increased to one hundred per cent of the average 
weekly earnings. 

Payment (b) If the accident causes partial disability, sixty-five per 
tiai dis- cent of the weekly loss in wages during the period of such 
ability - partial disability. 

(c) If the disability caused by the accident is at times 
total and at times partial, the weekly indemnity during the 
periods of each such total or partial disability shall be in 
accordance with said subsections (a) and (5), respectively. 

(d) Said subsections (a), (b) and (c) shall be subject to 
the following limitations : 

Dis- Aggregate disability indemnity for a single injury shall not 

in_ lllty exceed three times the average annual earnings of the 
£S employee. 

No in- If the period of disability does not last more than one week 
recover- f rom the clay the employee leaves work as the result of the 
able. accident no indemnity whatever shall be recoverable. 

If the period of disability lasts more than one week from 
the day the employee leaves work as the result of the accident, 
no indemnity shall be recoverable for the first week of the 
period of such disability. 



LABOR LAWS — STATUTES 1911. 75 

The aggregate disability period shall not, in any event Dis- 
extend beyond fifteen years from the elate of the accident. period 

(3) The death of the injured employee shall not affect the limited - 
obligation of the employer under subsections (1) and (2) of 
this section, so far as his liability shall have accrued and 
become payable at the time of the death, but the death shall Liability 
be deemed the termination of disability, and the employer of death. 
shall thereupon be liable for the following death benefits in 
lieu of any further disability benefits ; provided, that such 
death was approximately caused by the accident causing such 
disability : 

(a) In case the deceased employee leaves a person or per- Death 
sons wholly dependent upon him for support, the death benefit demnity 
shall be a sum sufficient when added to the benefits which recipient 
shall, at the time of death, have accrued and become payable d r k_ olly 
under the provisions of subsection (2) of this section to make pendent. 
the total compensation for the injury and death, exclusive 
of the benefit provided for in subsection (1), equal to three 
times his annual average earnings, not less than $1,000 nor 
more than $5,000, the same to be payable, unless and until 
the industrial accident board shall otherwise direct, in weekly 
installments corresponding in amount to the weekly earnings 
of the employee. 

( o ) In case the deceased employee leaves no one wholly Death 
dependent on him for support, but one or more persons par- demnity 
tially dependent therefor, the death benefit shall be such pa^uSiy 
percentage of three times such average annual earnings of p| ndent 
the employee as the annual amount devoted by the deceased 
to the support of the person or persons so partially dependent 
upon him for support bears to such average earnings, the 
same to be payable, unless and until the industrial accident 
board shall otherwise direct, in weekly installments corre- 
sponding to the weekly earnings of the employee ; provided, 
that the total compensation for the injury and death, exclu- 
sive of the benefit provided for in said subsection (1) shall 
not exceed three times such average annual earnings. 

(c) In the event that the accident shall have approxi- 
mately caused permanent disability, either total or partial, 
and the employee shall die within fifteen years after the 
date of the accident, liability for the death benefits provided 
for in said subsections (a) and (&) respectively shall exist 
only where the accident was the approximate cause of death 
within said period of fifteen years. 



76 BUREAU OF LABOR STATISTICS. 

Funeral (d) If the deceased employee leaves no person dependent 
expenses. upon ^ m £ or SU p por t, and the accident approximately causes 

death, the death benefit shall consist of the reasonable 

expenses of his burial not exceeding $100. 
Average Sec. 9. (1) The weekly earning referred to in section 8 
earn- shall be one fifty-second of the average annual earnings of 
mgs ' the employee ; average annual earnings shall not be taken at 

less than $333.33, nor more than $1,066.66, and between said 

limits shall be arrived at as follows : 

(a) If the injured employee has worked in such employ- 
ment, whether for the same employer or not, during sub- 
stantially the whole of the year immediately preceding his 

Three injury, his average annual earnings shall consist of three 
times hundred times the average daily wage or salary which he 
dliiy ge nas earned as such employee during the days when so 
wage. employed. 

(b) If the injured employee has not so worked in such 
employment during substantially the whole of such imme- 
diately preceding year, his average annual earnings shall 
consist of three hundred times the average daily wage or 
salary which an employee of the same class working sub- 
stantially the whole of such immediately preceding year in 
the same or a similar employment in the same or a neigh- 
boring place shall have earned during the days when so 
employed. 

Compu- (c) In cases where the foregoing methods of arriving at 
in other the average annual earnings of the injured employee can not 
cases. reasonably and fairly be applied, such annual earnings shall 
be taken at such sum as having regard to the previous earn- 
ings of the injured employee, and of other employees of the 
same or most similar class, working in the same or most 
similar employment in the same or neighboring locality, shall 
reasonably represent the average earning capacity of the 
injured employee at the time of the injury in the employment 
in which he was working at such time. 
Previous (d) The fact that an employee has suffered a previous 
not a a ility disability, or received compensation therefor, shall not pre- 
barto dude him from compensation for a later injury, or for death 
resulting therefrom, but in determining compensation for the 
later injury, or death resulting therefrom, his average annual 
earnings shall be such sum as will reasonably represent his 
annual earning capacity at the time of the later injury, and 



LABOK LAWS — STATUTES 1911. 77 

shall be arrived at according to the previous provisions of 
this section. 

(2) The weekly loss in wages referred to in section 8, shall Compu- 
consist of the difference between the average weekly earnings of weekly 
of the injured employee, computed according to the provisions wage"! 
of this section, and the weekly amount which the injured 
employee, in the exercise of reasonable diligence, will prob- 
ably be able to earn, the same to be fixed as of the time of 

the accident, but to be determined in view of the nature and 
extent of the injury. 

(3) The following shall be conclusively presumed to be D e- 
solely and wholly dependent for support upon a deceased defined, 
employee : 

(a) A wife upon a husband. 

(&) A husband upon a wife upon whose earnings he is 
partially or wholly dependent at the time of her death. 

(c) A child or children under the age of eighteen years (or 
over said age, but physically or mentally incapacitated from 
earning), upon the parent with whom he or they are living 
at the time of the death of such parent, there being no sur- 
viving dependent parent. In case there is more than one 
child thus dependent, the death benefit shall be divided 
equally among them. In all other cases questions of entire 
or partial dependency shall be determined in accordance with 
the fact, as the fact may be at the time of the death of the 
employee, and in such other cases if there is more than one 
person wholly dependent, the death benefit shall be divided 
equally among them and persons partially dependent, if 
any, shall receive no part thereof, and if there is more than 
one person partially dependent, the death benefit shall be 
divided among them according to the relative extent of their 
dependency. 

(4) Questions as to who constitute dependents and the 
extent of their dependency shall be determined as of the date 
of the death of the employee, and their right to any death 
benefit shall become fixed as of such time, irrespective of 
any subsequent change in conditions, and the death benefit 
shall be directly recoverable by and payable to the dependent 
or dependents entitled thereto or their legal guardians or 
trustees. 

Sec. 10. No claim to recover compensation under this act 
shall be maintained unless within thirty days after the occur- 



<0 BUREAU OF LABOR STATISTICS. 

within rence of the accident which is claimed to have caused the 
d^yg y injury or death, notice in writing, stating the name and the 
Sdent aG " address of the person injured, the time and the place where 
the accident occurred, and the nature of the injury, and 
signed by the person injured or some one in his behalf, or in 
case of his death, by a dependent or some. one in his behalf, 
shall be served upon the employer by delivering to and leav- 
ing with him a copy of such notice or by mailing to him by 
registered mail a copy thereof in a sealed and posted envelope 
addressed to him at his last known place of business or resi- 
dence. Such mailing shall constitute complete service ; pro- 
vided, however, that any payment of compensation under this 
act, in whole or in part, made by the employer before the 
expiration of said thirty days shall be equivalent to the 
notice herein required ; and provided, further, that the failure 
to give any such notice, or any defect or inaccuracy therein, 
Failure shall not be a bar to recovery under this act if it is found as 
notice 6 a fact in the proceedings for collections of the claim that 
always there was no intention to mislead the employer, and that he 
recovery was not * n ^ act m i s l e( l thereby ; and provided, further, that 
if no such notice is given and no payment of compensation 
made, within one year from the date of the accident, the 
right to compensation therefor shall be wholly barred. 

Sec. 11. Wherever in case of injury the right of com- 
pensation under this act would exist in favor of any employee, 
he shall, upon the written request of his employer, submit 
from time to time to examination by a regular practicing 
physician, who shall be provided and paid for by the em- 
ployer, and shall likewise submit to examination from time 
to time by any regular physician selected by said industrial 
accident board, or any member or examiner thereof. The 
employee shall be entitled to have a physician provided and 
paid for by himself present at any such examination. So 
long as the employee, after such written request of the 
employer, shall refuse to submit to such examination, or shall 
in any way obstruct the same, his right to begin or maintain 
any proceeding for the collection of compensation shall be 
suspended, and if he shall refuse to submit to such examina- 
tion after direction by the board, or any member or examiner 
thereof, or shall in any way obstruct the same, his right to 
the weekly indemnity which shall accrue and become payable 
during the period of such refusal or obstruction, shall be 



LABOR LAWS — STATUTES 1911. 70 

barred. Any physician who shall make or be present at any 
such examination may be required to testify as to the results 
thereof. 

Sec. 12. Any dispute or controversy concerning compensa- Three 
tion under this act, including any in which the state may be bere. 
a party, shall be submitted to a board consisting of three 
members, which shall be known as the industrial accident 
board. Within thirty days before this act shall take effect, 
the governor, by and with the advice and consent of the 
senate, shall appoint a member who shall serve two years, 
and another who shall serve three years, and another who 
shall serve four years. Thereafter such three members shall Four 
be appointed and confirmed for terms of four years each, terms. 
Vacancies shall be filled in the same manner for the unexpired 
term. Each member of the board, before entering upon the 
duties of his office, shall take the oath prescribed by the con- 
stitution. A majority of the board shall constitute a quorum 
for the exercise of any of the powers or authority conferred 
by this act, and an award by a majority shall be valid. In 
case of a vacancy, the remaining two members of the board 
shall exercise all the powers and authority of the board until 
such vacancy is filled. Each member of the board shall Annual 
receive an annual salary of three thousand six hundred $3,600. 
dollars. 

Sec. 13. The board shall organize by choosing one of its 0r pni- 

° . «» ° zation of 

members as chairman. Subject to the provisions of this act, board. 
it may adopt its own rules of procedure and may change the 
same from time to time in its discretion. The board, when 
it shall deem it necessary to expedite its business, may from 
time to time employ one or more expert examiners for such 
length of time as may be required. It may also appoint a 
secretary and such clerical help as it may deem necessary. 
It shall fix the compensation of all assistants so appointed. 

Sec. 14. The board shall keep its office at the city of San office 
Francisco, and shall be provided by the secretary of state Fran- 
with a suitable room or rooms, necessary office furniture, clsc0 ' 
stationery, and other supplies. The members of the board 
and its assistants, shall be entitled to receive from the state 
their actual and necessary expenses while traveling on the Travel- 
business of the board, but such expenses shall be sworn to by pensS," 
the person who incurred the same, and be approved by the 
chairman of the board, before payment is made. All salaries 



80 BUREAU OF LABOR STATISTICS. 

and expenses authorized by this act shall be audited and paid 
out of the general funds of the state the same as other general 
state expenses are audited and paid. 

Sec. 15. Upon the filing with the board by any party in 
interest of an application in writing stating the general 
nature of any dispute or controversy concerning compensa- 
tion under this act, it shall fix a time for the hearing thereof, 
which shall not be more than forty days after the filing of 
such application. The board shall cause notice of such 
hearing to be given to each party interested by service of 
such notice on him personally or by mailing a copy thereof 
to him at his last known post office address at least ten days 
before such hearing. Such hearing may be adjourned from 
time to time in the discretion of the board, and hearings 
shall be held at such places as the board shall designate. 
Board Either party shall have the right to be present at any hear- 
K ing, in person or by attorney or any other agent, and to 
|£^y, present such testimony as shall be pertinent to the contro- 
wlt- mine versy before the board, but the board may, with or without 
nesses, notice to either party, cause testimony to be taken, or inspec- 
tion of the premises where the injury occurred to be had, or 
the time books and pay roll of the employer to be examined 
by any member of the board or any examiner appointed by 
it, and may from time to time, direct any employee claiming 
compensation to be examined by a regular physician ; the 
testimony so taken, and the results of any such inspection or 
examination, to be reported to the board for its consideration 
upon final hearing. The board, or any member thereof, or 
any examiner appointed thereby shall have power and author- 
ity to issue subpoenas to compel the attendance of witnesses 
or parties, and the production of books, papers, or records, 
and to administer oaths. Obedience to such subpoenas shall 
be enforced by the superior court of any county, or city and 
county. 
Findings Sec. 16. After final hearing by said board, it shall make 
awards, and file (1) finding upon all facts involved in the contro- 
versy, and (2) its award, which shall state its determination 
as to the rights of the party. 
Piling Sec. 17. Either party may present a certified copy of the 

ment dg " award to the superior court for any county or city and 
county, whereupon said court shall, without notice, render a 
judgment in accordance therewith, which judgment, until and 



LABOR LAWS — STATUTES 1911. 81 

unless set aside as hereinafter provided, shall have the same 
effect as though duly rendered in an action duly tried and 
determined by said court, and shall, with the like effect, be 
entered and docketed. 

Sec. 18. The findings of fact made by the board acting 
within its powers, shall, in the absence of fraud, be conclu- 
sive, and the award, whether judgment has been rendered 
thereon or not, shall be subject to review only in the manner 
and upon the grounds following : within thirty days from the 
date of the award, any party aggrieved thereby may file with 
the board an application in writing for a review of such 
award, stating generally the grounds upon which such review 
is sought ; within thirty days thereafter the board shall cause 
all documents and papers on file in the matter, and a tran- 
script of all testimony which may have been taken therein, 
to be transmitted with their findings and award to the clerk 
of the superior court of that county or city and county 
wherein the accident occurred ; such application for a review 
may thereupon be brought on for hearing before said court 
upon such record by either party on ten days' notice to the 
other, subject, however, to the provisions of law for a change 
of the place of trial or the calling of another judge. Upon 
such hearing the court may confirm or set aside such award, court 
and any judgment which may theretofore have been rendered ^^ rm 
thereon, but the same shall be set aside only upon the follow- J*^* 
ing grounds : award. 

(1) That the board acted without or in excess of its 
powers. 

(2) That the award was procured by fraud. 

(3) That the findings of fact by the board do not support 
the award. 

Sec. 19. Upon the setting aside of any award the court Court 
may recommit the controversy and remand the record in the remand 
case to the board, for further hearing or proceedings, or it further 
may enter the proper judgment upon the findings, as the Jjjr s m ^l g 
nature of the case shall demand. An abstract of the judg- enter 
ment entered by the trial court upon the review of any award merit, 
shall be made by the clerk thereof upon the docket entry of 
any judgment which may theretofore have been rendered 
upon such award, and transcripts of such abstract may there- 
upon be obtained for like entry upon the dockets of the courts 
of other counties, or city and county. 



82 



BUREAU OF LABOR STATISTICS. 



Appeal 

from 

award. 



Fees 
and 
costs. 



Assign- 
ment of 
claim. 



Prefer- 
ence of 
claim. 



Right 
of em- 
ployer 
to in- 



Sec. 20. Any party aggrieved by a judgment entered upon 
the review of any award, may appeal therefrom within the 
time and in the manner provided for an appeal from the 
orders of the superior court ; but all such appeals shall be 
placed on the calendar of the supreme court and brought to 
a hearing in the same manner as criminal causes on such 
calendar. 

Sec. 21. No fees shall be charged by the clerk of any court 
for the performance of any official service required bj' this 
act, except for the docketing of judgments and for certified 
copies or transcripts thereof. In proceedings to review an 
award, costs as between the parties shall be allowed or not in 
the discretion of the court. 

Sec. 22. No claim for compensation under this act shall 
be assignable before payment, but this provision shall not 
affect the survival thereof ; nor shall any claim for compensa- 
tion, or compensation awarded, adjudged or paid, be subject 
to be taken for the debts of the party entitled thereto. 

Sec. 23. A claim for compensation for the injury or 
death of any employee, or any award or judgment entered 
thereon, shall be entitled to a preference over the other debts 
of the employer if and to the same extent as the wages of 
such employee shall be so preferred ; but this section shall 
not impair the lien of any judgment entered upon any award. 

Sec. 24. Nothing in this act shall affect the organization 
of any mutual or other insurance company, or any existing 
contract for insurance or employers' liability, nor the right 
of the employer to insure in mutual or other companies, in 
whole or in part, against such liability, or against the liability 
for the compensation provided for by this act, or to provide 
by mutual or other insurance, or by arrangement with his 
employees, or otherwise, for the payment to such employees, 
their families, dependents, or representatives, of sick, acci- 
dent or death benefits, in addition to the compensation pro- 
vided for by this act. But liability for compensation under 
this act shall not be reduced or affected by any insurance, 
contributions, or other benefit whatsoever due to or received 
by the person entitled to such compensation, and the person 
so entitled shall, irrespective of any insurance or other con- 
tract, have the right to recover the same directly from the 
employer, and in addition thereto, the right to enforce in his 
own name, in the manner provided in this act, the liability 



LABOR LAWS — STATUTES 1911. 83 

of any insurance company, which may, in whole or in part, 
have insured the liability for such compensation ; provided, 
hoicever, that payment in whole or in part of such compensa- insur- 
tion by either the employer or the insurance company, shall, company 
to the extent thereof, be a bar to recovery against the other liable - 
of the amount so paid ; and provided, further, that as 
between the employer and the insurance company, payment 
by either directly to the employee, or to the person entitled 
to compensation, shall be subject to the conditions of the 
insurance contract between them. 

Sec. 25. Every contract for the insurance of the com- Contract 
pensation herein provided for, or against liability therefor, surance 
shall be deemed to be made subject to the provisions of this toact^ 
act, and provisions thereof inconsistent with this act shall 
be void. No company shall enter into any such contract of 
insurance unless such company shall have been approved by 
the commissioner of insurance, as provided by law. 

Sec. 26. The making of a lawful claim against an em- Release 
ployer for compensation under this act for the injury or liability. 
death of his employee shall operate as an assignment of any 
assignable cause of action in tort which the employee or his 
personal representative may have against any other party for 
such injury or death, and such employer may enforce in his 
own name the liability of such other party. 

Sec. 27. The board shall cause to be printed and furnished Blank 
free of charge to any employer or employee such blank forms ° rms ' 
as it shall deem requisite to facilitate or promote the efficient 
administration of this act ; it shall provide a proper record 
book in which shall be entered and indexed the name of 
every employer who shall file a statement of election under 
this act, and the date of the filing thereof, and a separate 
book in which shall be entered and indexed the name of 
every employer who shall file his withdrawal of such election, 
and the date of the filing thereof ; and a book in which shall Record 
be recorded all awards made by the board ; and such other 
books or records as it shall deem required by the proper and 
efficient administration of this act ; all such records to be 
kept in the office of the board. Upon the filing of a statement 
of election by an employer to become subject to the provisions Notice 
of this act, the board shall forthwith cause notice of the fact tfonby 
to be given to his employees, by posting and keeping continu- ^ yeTt 
ously posted in a public and conspicuous place such notice 



84 BUREAU OF LABOE STATISTICS. 

thereof in the office, shop, or place of business of the em- 
ployer, or by publishing, or in such other manner as the 
board shall deem most effective, and the board shall cause 
notice to be given in like manner of the filing of any with- 
drawal of such election ; but notwithstanding the failure to 
give, or the insufficiency of, any such notice, knowledge of all 
filed statements of election and withdrawals of election, and 
of the time of the filing of the same, shall conclusively be 
imputed to all employees. 
Right to Sec. 28. Nothing in this act contained shall be construed 
promise, as impairing the right of parties interested, after the injury 
or death of an employee, to compromise and settle, upon 
such terms as they may agree upon, any liability which may 
be claimed to exist under this act on account of such injury 
or death, nor as conferring upon the dependents of any 
injured employee any interest which he may not divert by 
such settlement or for which he or his estate shall, in the 
event of such settlement by him, be accountable to such 
dependents or any of them. 
Appro- Sec. 29. The sum of fifty thousand dollars is hereby 
pna ion. a pp r0 p r j a t e( j ou t f any moneys in the state treasury, not 
otherwise appropriated, to be used by the industrial accident 
board in carrying out the purposes of this act, and the con- 
troller is hereby directed to draw his warrant on the general 
fund from time to time in favor of said industrial accident 
board for the amounts expended under its direction, and the 
treasurer is hereby authorized and directed to pay the same. 
Sec. 30. All acts or parts of acts inconsistent with this 
act are hereby repealed. 

Sec. 31. This act shall take effect and be in force on and 
after the first day of September, A. D. 1911. 



LABOR LAWS — STATUTES 1911. 85 

CHAPTER 484. 

Hours of labor on railroads. 

An act regulating the hours of labor of conductors, engineers, 
firemen, brakemen, train dispatchers and telegraph opera- 
tors employed by any corporation or receiver operating a 
line of railway in whole or in part in the State of Cali- 
fornia, and prescribing penalties for violation of this act. 

[Approved April 21, 1911.] 

The people of the State of California, represented in senate 

and assembly, do enact as folloivs: 

Section 1. It shall hereafter be unlawful for any cor- Hours 

,. ,. ., , . i , of labor 

poration or receiver operating any line of railroad in whole of Con- 
or in part in this state, or any officer, agent or representa- e tc? t01S ' 
tive of such corporation to require or knowingly permit any 
conductor, engineer, fireman, brakeman, train dispatcher or 
telegraph operator to be or remain on duty for a longer period 
than sixteen consecutive hours, and whenever any such 
employee shall have been continuously on duty for sixteen 
hours he shall be relieved and not required or permitted again 
to go on duty until he has had at least eight consecutive 
hours off duty. 

Sec. 2. It shall hereafter be unlawful for any corporation Hours 

i- a -i i • li - off duty. 

or receiver operating any line of railroad m whole or m part 
in this state, or any officer, agent, or representative of such 
company or receiver to require or knowingly permit any con- 
ductor, engineer, fireman, brakeman, train dispatcher or 
telegraph operator, who has been on duty for sixteen con- 
secutive hours and who has gone off duty, to again go on 
duty or perform any work for such receiver or corporation 
until he has had at least eight hours off duty. 

Sec. 3. Any corporation or receiver operating a line of J* 611 *. 1 ^ 
railroad in whole or in part within this state, who shall lation. 
violate any of the provisions of this act shall be liable to the 
State of California in a penalty of not less than two hundred 
dollars nor more than one thousand dollars for each offense, 
and such penalties shall be recovered and suit therefor shall 
be brought in the name of the State of California in any court 
having jurisdiction of the amount in any county into or 
through which said railroad may pass. Such suit or suits 
may be brought either by the attorney general of the state or 



86 BUREAU OF LABOR STATISTICS. 

under his direction by the district attorney of any county 
or city and county in the State of California into or through 
which said railroad may pass. 
Officer of Sec. 4. Any officer, agent or representative of any corpo- 
liabie. ration or receiver operating any line of railroad in whole or 
in part within this state, who shall violate any of the pro- 
visions of this act shall be deemed guilty of a misdemeanor, 
ftnd upon conviction therefor shall be punished by a fine of 
uot less than one hundred dollars nor more than five hundred 
dollars for each offense, or by confinement in the county jail 
for not less than ten nor more than sixty days, or by both 
fine and imprisonment, and such person so offending may be 
prosecuted under this section, either in the county where 
such person may be at the time of commission of the offense, 
or in any county where such employee has been permitted or 
required to work in violation of this act. 
Excep- Sec. 5. Provided, that the provisions of this act shall not 
apply in any case of casualty or unavoidable accident or the 
act of God ; nor where the delay was the result of a cause 
not known to the carrier or its officer or agent in charge of 
such employee at the time said employee left a terminal, and 
which could not have been foreseen ; provided, further, that 
the provisions of this act shall not apply to the crews of 
wrecking or relief trains. 

CHAPTER 485. 

Occupational diseases, reporting of. 

An act to provide for the reporting of occupational diseases. 

[Approved April 21, 1911.] 

The people of the State of California, represented in senate 

and assembly, do enact as folloivs: 

Report- Section 1. Every medical practitioner attending on or 
occupa- called in to visit a patient whom he believes to be suffering 
diseases ^ rom lead, phosphorus, arsenic or mercury or their com- 
pounds, or from anthrax, or from compressed-air illness, con- 
tracted as a result of the nature of the patient's employment, 
shall send to the state board of health a notice stating the 
name and full postal address and place of employment of 
the patient and the disease from which, in the opinion of the 
medical practitioner, the patient is suffering, and shall be 



LABOR LAWS — STATUTES 1911. 87 

entitled in respect of every bona fide notice sent in pursuance 
of this section to a fee of fifty cents, to be paid as part of 
the expense incurred by the state board of health in the 
execution of this act. 

Sec. 2. If any medical practitioner, when required by this Penalty 
act to send a notice, wilfully fails forthwith to send the same, neglect. 
as provided by this act, he shall be guilty of a misdemeanor, 
and upon conviction of the same shall be fined not more than 
ten dollars. 

Sec. 3. It shall be the duty of the state board of health Enforce- 
to enforce the provisions of this act, and it may call upon mc 
local boards of health and health officers for assistance and 
it shall be the duty of all boards and officers so called upon 
for such assistance to render the same. It shall furthermore 
be the duty of said state board of health to transmit such 
data to the commissioner of the bureau of labor statistics. 

CHAPTER 499. 

Electricity — Regulating erections of poles, etc. 

An act regulating the placing, erection, vse and maintenance 
of electric poles, wires, cables and appliances, and provid- 
ing the punishment for the violation thereof. 

[Approved April 22, 1911.] 

The people of the State of California, represented in senate 

and assembly, do enact as folloics: 

Section 1. No commission, officer, agent or employee of 
the State of California, or of any city and county or city or 
county or other political subdivision thereof, and no other 
person, firm, or corporation shall 

(a) Run, place, erect or maintain any wire or cable used 
to conduct or carry electricity, on any pole, or any crossarm, 
bracket or other appliance attached to such pole, within a 
distance of thirteen (13) inches from the center line of said 
pole ; provided, that the foregoing provisions of this para- 
graph (a) shall be held not to apply to telephone, telegraph 
or other "signal" wires or cables which are attached to a p ro . 
pole to which is attached no wire or cable other than tele- J^™ 
phone, telegraph or other "signal" wire or cable, except piicafcie 
within the corporate limits of any city or town which shall phone 
have been incorporated as a municipality, nor shall the fore- etc™ 3 ' 



88 



BUREAU OF LABOR STATISTICS. 



Electric 

wire 

within 

thirteen 

inches 

of pole. 



Last 
wire, 
etc., run 
in vio- 
lation. 



Wires 

within 

four 

feet of 

each 

other. 



going provisions be held to apply to such wires or cables in 
cases where the same are run from underground and placed ' 
vertically on poles, nor to "bridle'' or "jumper" wires on any 
pole w T hich are attached to telephone, telegraph or other 
"signal" wires on the same pole, nor to any "aerial" cable, 
as between such cable and any pole on which it originates or 
terminates, nor to wires run from "lead" wires to arc lamps 
or to transformers placed upon poles, nor to any wire or 
cable where the same is attached to the top of a pole, as 
between it and the said pole, nor to any "aerial" cable con- 
taining telephone, telegraph or other "signal" wires where 
the same is attached to a pole on which no other wires or 
cables than wires continuing from said cable are maintained ; 
provided, that electric light or power wires or cables are in 
no case maintained on the same side of the street or highway 
on which said "aerial" cable is placed. 

(o) Run, place, erect or maintain in the vicinity of any 
pole (and unattached thereto) within the distance of thirteen 
(13) inches from the center line of said pole, any wire or 
cable used to conduct or carry electricity, or place, erect or 
maintain any pole (to which is attached any wire or cable 
used to conduct or carry electricity) within the distance of 
thirteen (13) inches (measured from the center of such pole) 
from any wire or cable used to conduct or carry electricity ; 
provided, that as between any wire or cable and any pole, as 
in this paragraph (o) named, only the wire, cable or pole 
last in point of time run, placed or erected, shall be held to 
be run, placed, erected or maintained in violation of the pro- 
visions of this paragraph ; and further provided, that the 
provisions of this paragraph (b) shall not be held to apply 
to telephone, telegraph or other "signal" wires or cables on 
poles to which are attached no other wires, as between such 
wires and poles to which are attached no other wires or 
cables than telephone, telegraph or other "signal" wires; 
provided, such wires, cables and poles are not within the 
corporate limits of any town or city which shall have been 
incorporated as a municipality. 

(c) Run, place, erect or maintain, above ground, within 
the distance of four (4) feet from any wire or cable con- 
ducting or carrying less than six hundred volts of electricity, 
any wire or cable which shall conduct or carry at any one 
time more than six hundred volts of electricity, or run, place, 



LABOR LAWS — STATUTES 1911. 89 

erect or maintain within the distance of four (4) feet from 
any wire or cable which shall conduct or carry at any one 
time more than six hundred volts of electricity any wire or 
cable conducting or carrying less than six hundred volts of 
electricity ; provided, that the foregoing provisions of this 
paragraph (c) shall be held not to apply to any wires or 
cables attached to a transformer, within a distance of four 
(4) feet, (measured along the line of said wire or cable) 
from the point where such wire or cable is attached to such 
transformer, nor to wires or cables within buildings or other 
structures, nor to wires or cables where the same are run 
from underground and placed vertically on poles, nor to any 
"lead" wires or cables between the point where the same are 
made to leave any pole for the purpose of entering any build- 
ing or other structure, and the point at which they are made 
to enter such building or structure; and provided, further. 
that as between any two wires or cables, or any wire or any 
cable run, placed, erected or maintained in violation of the 
provisions of this paragraph (c), only the wire or cable last 
in point of time run, placed or erected shall be held to be 
run, placed, erected or maintained thus in violation of said 
provision ; and further provided, that where no more than one 
crossarm is maintained on a pole, all the wires or cables 
conducting or carrying at any one time more than six hun- 
dred volts of electricity shall be placed on the crossarm on 
one side of the pole, and all the wires or cables conducting or 
carrying less than six hundred volts of electricity shall be 
placed on the crossarm on the other side of the pole ; and 
further provided, that the space between any wire or cable 
carrying or conducting at any one time more than six hun- 
dred volts of electricity and any wire or cable carrying less 
than said voltage shall be at least thirty-six (36) inches 
clear measurement in a horizontal line; and further provided, 
that where two or more systems for the distribution of Two 
electric light or power occupy the same poles with wires or occupy- 
cables, all wires or cables conducting or carrying at any one g^me 
time more than six hundred volts of electricity shall be poles - 
placed on the crossarms on one side of the pole, and all wires 
or cables conducting or carrying less than said voltage shall 
in such case be placed on the crossarms on the other side of 
the pole; and further provided, that the space between any 
wire or cable conducting Or carrying at any one time more 



90 BUREAU OF LABOR STATISTICS. 

than six hundred volts of electricity and any wire or cable 
conducting or carrying less than said voltage shall be at 
least thirty-six (36) inches in measurement in a horizontal 
line; and farther provided, that in such construction all 
crossarms shall be at least thirty-six (36) inches apart in a 
vertical line. 

Cross- (d) Run, place, erect or maintain any wire or cable, which 

holding sna M conduct or carry at any one time more than six hundred 
wire . volts of electricity, without causing each crossarm, or such 

carrying f ' ° ' 

more other appliance as may be used in lieu thereof, to which such 
eoo volts wire or cable is attached to be kept at all times painted a 
painted bright yellow color; or, on such crossarm, or other appliance 
yellow. use( j j n ij eu thereof, shall be placed enameled iron signs, 
providing, in white letters on a green background, the words 
''High voltage," and these letters shall be not less than three 
(3) inches in height, said signs shall be securely fastened on 
the face and back of each crossarm. The provisions of this 
paragraph (d) shall not be held to apply to crossarms to 
which are attached wires or cables carrying or conducting 
more than ten thousand volts of electricity, and which are 
situated outside the corporate limits of any town or city 
which shall have been incorporated as a municipality. 
Guy (e) Run, place, erect or maintain any "guy" wire or "guy' 

tobein- cable attached to any pole or appliance to which is attached 
suiated. any w j re or ca ble used to conduct or carry electricity, without 
causing said "guy" wire or "guy" cable to be effectively insu- 
lated at all times at a distance of not less than four (4) feet 
nor more than eight (8) feet (measured along the line oi 
said wire or cable) from the upper end thereof, and at 
point not less than eight (8) feet vertically above the grounc 
from the lower end thereof; and further provided, that 
wherever two or more "guy" wires or "guy" cables are 
attached to a pole there shall be at least one foot, vertica 
space, between the points of attachment; and further pro- 
vided, that no insulation shall be required at the lower end oi 
a "guy" wire or "guy" cable where the same is attached t( 
a grounded anchor; none of the provisions of this paragraph 
(e) shall be held to apply to "guy" wires or "guy" cables 
attached to poles carrying no wire or cable other than tele 
phone, telegraph or other "signal" wire or cable, and which 
are situated outside the corporate limits of any town or city 
which shall have been incorporated as a municipality. 



LABOR LAWS — STATUTES 1911. 91 

(/) Run, place, erect or maintain, vertically on any pole, vertical 
any wire or cable used to conduct or carry electricity, without {^ ir b e e s in _ 
causing such wire or cable to be at all times wholly encased sulated - 
in casing equal in durability and insulating efficiency to a 
wooded casing not less than one and one half inches thick. 
The provisions of this paragraph (/) shall not be held to 
apply to vertical telephone, telegraph or other "signal" wires 
or cables on poles where no other than such wires or cables 
are maintained, and which are outside the corporate limits 
of any town or city which shall have been incorporated as a 
municipality. 

(g) Place, erect or maintain on any pole, or on any cross- Arc 
arm or other appliance on said pole, which carries or upon may not 
which is placed an electric arc lamp, any transformer f or on poles 
transforming electric currents. trans - 

(h) Run, place, erect or maintain any wire or cable carry- former3 - 
ing more than fifteen thousand volts of electricity across any wires 
wire or cable carrying less than said voltage or across any more" 18 
public highway, except on poles of such height and so placed 15^00 
at each crossing that under no circumstances can said wire or volts - 
cable of said voltage higher than fifteen thousand volts in 
case of breakage thereof or otherwise, come in contact with 
any wire or cable of less than said voltage, or fall within a 
distance of ten (10) feet from the surface of any public 
highway ; or in lieu thereof double strength construction 
may be installed, in which case the wires carrying a voltage 
higher than fifteen thousand volts shall, between the points 
of crossing, be of a cross-section area equal to at least twice 
that used in the line outside of such crossing, except where 
the conductor used is equal to four naught (0000) Brown 
and Sharpe gauge or greater, in which case the wires or 
cables will be considered as complying with the law. 

(i) Run, place, erect or maintain any suspension wire to Safety 
which is attached any "aerial" cable of "seventj'-five pair for sus- 
number nineteen Brown and Sharpe gauge" or over, or ofwires.° n 
"one hundred pair number twenty-two Brown and Sharpe 
gauge" or over, suspended from a crossarm (or from any 
other structure or appliance from which said suspension wire 
is hung) by a single bolt and clamp without at the same time 
attaching said suspension wire to said crossarm, structure or 
appliance by an additional "safety" bolt and clamp (or other 
"safety" appliance for thus attaching said suspension wire) 



02 



BUKEAU OF LABOR STATISTICS. 



Preced- 
ing not 
appli- 
cable to 
direct 
current 
wires, 
etc. 



Span 
wires. 



Penalty 
for vio- 
lation. 



of tensile strength equal to the first herein said bolt and 
clamp. 

Sec. 2. None of the provisions of the preceding section 
shall be held to apply to "direct current" electric wires or 
cables having the same polarity, nor to "signal" wires when 
no more than two (2) of such "signal" wires are attached 
to any one pole; provided, that none of such "direct current" 
or "signal" wires shall in any case be run, placed, erected or 
maintained within the distance of thirteen (13) inches from 
the center line of any pole (other than the pole or poles on 
which said wires or cables are carried) carrying electric 
wires or cables; and provided, farther, that as between any 
two wires, or cables, or any wire or cable run, placed, erected 
or maintained in violation of the provisions of this section 2 
only the wire or cable last in point of time run, placed, 
erected or maintained shall be held to be run, placed, erected 
or maintained thus in violation of said provisions. 

Sec. 3. No commission, officer, agent or employee of the 
State of California, or of any city and county or city or 
county or other political subdivision thereof, and no other 
person, firm or corporation shall run, place, erect or maintain 
any "span" wire attached to any wire or cable used to con- 
duct or carry electricity, without causing said "span" wire 
to be at all times effectively insulated between the outer 
point at which it is in any case fastened to the pole or other 
structure by which it is hung or supported, and at the point 
at which it is in any case thus attached ; provided, that such 
insulation shall not in any case be placed less than two (2) 
feet nor more than four (4) feet from said point at which 
said "span" wire is so attached, and that when in any case 
such "span" wire is attached along its length to any two (2) 
such wires or cables, conducting or carrying electricity and 
extending parallel to each other, not more than ten (10) feet 
apart, such insulation shall not be required therein at any 
point between such parallel wires or cables ; none of the 
provisions of this section (3) shall be held to apply where 
"feeder" wires are used in place of "span" wires. 

Sec. 4. Any violation of any provision of this act shall 
be deemed to be a misdemeanor, and shall be punishable upon 
conviction by a fine of not exceeding five hundred dollars 
($500.00) or by imprisonment in a county jail not exceeding- 
six (6) months or by both such fine and imprisonment. 



LABOR LAWS — STATUTES 1911. 93 

Sec. 5. All acts or parts of acts which are in conflict with 
the, or with any of the provisions of this, act are hereby 
repealed. 

Sec. 6. This act shall take effect six months from the dale 
of its passage in so far as it relates to new work, and a 
period of five years shall be allowed in which to reconstruct 
all existing work and construction to comply with the pro- 
visions of this act. 

CHAPTER 500. 

Electricity — Regulating construction of manholes, etc. 

An act to regulate the construction and maintenance of sub- 
ways, manholes, and underground rooms, chambers, and 
excavations, used to contain, encase, cover, or conduct 
wires, cables, or appliances to conduct, carry, or handle 
electricity, and providing the punishment for the violation 
thereof. 

[Approved April 22, 1911.] 

The people of the State of California, represented in senate 
and assembly, do enact as follows: 

Section 1. No commission, officer, agent, or employee of 
the State of California or of any city and county or city or 
county or other political subdivision thereof, and no other 
person, firm or corporation, shall build or rebuild or cause to 
be built or rebuilt within the State of California : 

(a) Any subway, manhole, chamber, or underground room Dimen- 
used or to be used to contain, encase, cover or conduct any liS-ic 
wire, cable, or appliance, to conduct, carry or handle elec- ^^ ayg . 
tricity, unless such subwaj r , manhole, chamber or under- 
ground room shall have an inside measurement of not less 
than four (4) feet at the maximum points between the side 
walls thereof, and between the end walls thereof, and not less 
than five (5) feet at all points between the floor thereof, 
and the top or ceiling thereof, or if circular in shape, at least 
four (4) feet diameter inside measurement, and not less than 
five (5) feet at all points between the floor and ceiling . 
thereof ; provided, however, that this paragraph shall not be 
held to apply to any such subway, manhole, chamber or 
underground room, within which it is not intended or required 
that any human being perform work or labor or be employed ; 
further provided, that the provisions of ( his paragraph (a) 



94 



BUREAU OF LABOB STATISTICS. 



shall not be held to apply where satisfactory proof shall be 
submitted to the proper authorities, that it is impracticable 
or physically impossible to comply with this law within the 
space or location so designated by the proper municipal 
authorities, 
open- (o) In any subway, manhole, chamber or underground 

outer r °om used or to be used to contain, encase, cover or conduct 
air - any wire, cable or appliance to conduct, carry or handle 
electricity, any opening to outer air which is less than twenty- 
six (2G) inches if circular in shape, or less than twenty-four 
(24) inches by twenty-six (26) inches clear measurement if 
rectangular in shape. 
Open- (c) In any subway, manhole, chamber or underground 

be not room, used or to be used to contain, encase, cover or conduct 
than any wire, cable or appliance to conduct, carry or handle elec- 
tee? 6 tricity, any opening which is at the surface of the ground, 
f t° m t- w i tn i n the distance of three (3) feet at any point from any 
car rail or any railway or street-car track; provided, that the 

provisions of this paragraph (c) shall not be held to apply 
where satisfactory proof shall be submitted to the proper 
authorities that it is impracticable or physically impossible 
to comply with this law within the space or location so 
designated by the proper municipal authorities. 
Floor of (d) Any subway, manhole, chamber or underground room, 
tobTof used or to be used to contain, encase, cover or conduct any 
e°£ Giete ' wire, cable, or appliance to conduct, carry, or handle elec- 
tricity, unless the floor of such subway, manhole, chamber or 
underground room is made of stone, concrete, brick, or other 
similar material not subject to decomposition ; provided, that 
this paragraph (d) shall not be held to apply to any such 
subway, manhole, chamber or underground room within which 
it is not intended or required that any human being perform 
work or labor or be employed. 
subways (e) Or maintain any subway, manhole, chamber or under- 
kept 5 ground room, used, or to be used, to contain, encase, cover or 
f f ree conduct any wire, cable or appliance to conduct, carry or 
seepage, handle electricity, unless such subway, manhole, chamber or 
underground room is kept at all times in a sanitary condition, 
and free from stagnant water, or seepage, or other drainage, 
or any offensive matter dangerous to health, either by sewer 
connection or otherwise; provided, that this paragraph (e) 
shall not be held to apply to any such subway, manhole, 



LABOR LAWS — STATUTES 1911. 05 

chamber or underground room, within which it is not intended 
or required that any human being perform work or labor or 
be employed. 

Sec. 2. Any violation of any provision of this act shall be Penalty 
deemed a misdemeanor, and shall be punishable upon con- lation. 
viction by a fine not exceeding five hundred (500) dollars, or 
by imprisonment in a county jail not exceeding six (6) 
months, or by both such fine and imprisonment. 

Sec. 3. None of the provisions of subdivisions a, b, c, and 
d, of section one of this act, shall be so construed as to be 
retroactive or apply to works already constructed, and all 
acts or parts of acts which are in conflict with this act are 
hereby repealed. 

Sec. 4. This act shall take effect and be in force from and 
after the date of passage. 

CHAPTER 6G3. 

Wages — Time of payment. 

An act providing for the time of payment of wages. 

[Approved May 1, 1911.] 

The people of the State of California, represented in senate 

and assembly, do enact as follows: 

Section 1. Whenever an employer discharges an employee, wages 
the wages earned and unpaid at the time of such discharge charged 
shall become due and payable immediately. When any such ®JJ" eeg 
employee not having a contract for a definite period quits or 
resigns his employment the wages earned and unpaid at the 
time of such quitting or resignation shall become due and 
payable five days thereafter. 

Sec. 2. All wages other than those mentioned in section wages 
one of this act earned by any person during any one month ^j£ 
shall become due and payable at least once in each month monthly, 
and no person, firm or corporation for whom such labor has 
been performed, shall withhold from any such employee any 
wages so earned or unpaid for a longer period than fifteen 
days after such wages become clue and payable ; provided, 
however, that nothing herein shall in any way limit or inter- 
fere with the right of any such employee to accept from any 
such person, firm or corporation wages earned and unpaid 
for a shorter period than one month. 



96 BUREAU OF LABOR STATISTICS. 

Penalty. Sec. 3. Any person, firm or corporation who shall violate 
any of the provisions of this act shall be guilty of a misde- 
meanor and upon conviction thereof shall be punished by a 
fine not to exceed five hundred dollars. 
Not ap- Sec. 4. None of the provisions of this act shall apply to 
p lca e * any county, city and county, incorporated city or town, or 
other municipal corporation. 

CHAPTER 688. 

Minors — Vending at night prohibited. 

An act to prohibit minors under the age of eighteen years to 
vend and sell goods, engage in, or conduct any business be- 
tween the hours of ten o' clock in the evening and five 
o'clock in the morning, and providing penalties for viola- 
tions thereof. 

[Approved May 1, 1911.] 

The people of the State of California, represented in senate 

and assembly, do enact as follows: 

Unlaw- Section 1. It shall be unlawful for any minor under the 
mino / a § e of eighteen years to vend and sell goods, engage in, or 
efhteen conduct any business between the hours of ten o'clock in the 
to con- evening and five o'clock in the morning. 

business Sec. 2. Any person violating any of the provisions of this 
ftfJTm. act shall be guilty of a misdemeanor and shall, upon convic- 
ts m. tion thereof, be punished by a fine of not more than twenty 
dollars, or by imprisonment for not more than ten days, or 
by both such fine and imprisonment for each offense. 



LABOR LAWS — DIGESTS. 97 



DIGEST OF APPRENTICE LAWS. 



Who may indenture. — A minor of fourteen years of age or over 
may be bound by his father, or by his mother or guardian in case 
of the father's death or incompetency, or where the father has wil- 
fully abandoned his family for one year without making suitable 
provision for their support, or is habitually intemperate or is a 
vagrant ; by an executor who by the will of the father is directed 
to bring up the child to a trade or calling ; by the mother alone if 
the child is illegitimate ; or by the judge of the superior court if 
the minor is poor, homeless, chargeable to the county or state, or 
an outcast who has no visible means of obtaining an honest liveli- 
hood. If a minor has no parent or guardian competent to act he 
may, with the approval of the superior court, bind himself. The 
minor's consent must be expressed in the indenture and testified to 
by his signing the same. 

Term. — A male may be bound until twenty-one and a female until 
eighteen years of age. 

D ut ij of master. — The master must in the case of an orphan or 
homeless minor cause the apprentice to be taught reading, writing, 
and the ground rules of arithmetic, including ratio and proportion, 
must give him the requisite instruction in the different branches of 
his trade, and, at the expiration of his term of service, must give 
him $50 in gold and two new suits of clothes to be worth in the 
aggregate at least $60. In all cases the master must pay and 
deliver to the apprentice the money, clothes, and other property to 
which he is entitled under the indenture. 

Interference.— It is unlawful to aid, entice, counsel, or persuade 
an apprentice to run away, or to employ, harbor, or conceal him, 
knowing him to be a runaway. 

Sources : Civil Code, sections 264 to 276 ; Penal Code, section 
646. 



5 — LL 



BUREAU OF LABOR STATISTICS. 



DIGEST OF MECHANICS' LIENS LAWS. 



For what given. — A lien may be had to secure payment for labor 
performed or materials furnished in or for the construction, altera- 
tion, addition to, or repair of, any building or other structure ; on 
any railroad, vessel, wharf, bridge, ditch, flume, well, tunnel, fence, 
machinery, wagon road, mine, or mining claim ; for labor done in, 
with, about, or upon any threshing machine, engine, wagon, or other 
appliance used in threshing ; for cutting, hauling, rafting, or draw- 
ing logs, bolts, or other timber ; for grading or improving any town 
lot or the street or sidewalk in front of or adjoining the same ; for 
labor or skill expended for the improvement or safe-keeping of any 
article of personal property ; and for service on vessels. 

Who may have lien. — Contractors, subcontractors, material men, 
and all persons performing manual labor ; mates and seamen of a 
ship ; laundry proprietors. 

Subject property. — The land upon which any building or improve- 
ment is constructed, or so much as may be required for convenient 
use and occupation, is subject to the lien, if owned by the person 
causing such construction at the commencement of the work, but 
only to the extent of his interest ; vessels and their freightage ; 
threshing machines, engines, wagons, etc. ; logs and other timber ; 
personal property lawfully in the hands of any mechanic, repair 
man, or caretaker; laundry work. 

Amount of lien. — In general, for the value of the labor done and 
material furnished. A contractor's lien secures the amount named 
in the contract, such lien to operate in favor of all parties claiming 
recovery. No lien, except that of the contractor, may be diminished 
by any indebtedness or set-off in favor of the owner and against 
the contractor. 

Contract. — Contracts involving a sum exceeding $1,000 must be 
in writing and must be filed in the office of the county recorder. 
Work must be done at the instance of the owner or of his agent, 
which term includes every contractor, subcontractor, architect, 
builder, or any person in charge of any mining claim or claims, 
whether as lessee or otherwise. 

Work will be presumed to have been done at the instance of the 



LABOR LAWS — DIGESTS. 99 

owner, unless within three days after he obtains knowledge of the 
fact that such work is begun or intended he gives notice that he 
will be responsible for the same. 

Notice. — Notice may be given at any time by any claimant other 
than an original contractor, whereupon it shall be the owner's duty 
to withhold from the contractor an amount equal to the claim made. 
Persona] property held under lien, may be sold after two months 
on ten days' notice. 

Filing. — Within ten days after the completion of a contract, or 
within forty days after cessation from labor on any unfinished 
contract, the owner must file a notice setting forth dates and 
descriptions of property, work done, etc., or be estopped from 
making the defense that any lien was filed after the expiration of 
the time fixed. Every original contractor has sixty days, and other 
claimants have thirty days, after the filing of the above notice by 
the owner, in which to file liens. Liens on mining claims and city 
lots must be filed within thirty days after the completion of the 
work. All claims of lien must be filed within ninety days after the 
completion of the work for which they are claimed. 

Limitation. — No lien binds any building, improvement, or mining 
claim for longer than ninety days after filing unless proceedings 
thereon have been commenced ; or if a credit be given, within ninety 
days after such credit expires, which may in no case be longer than 
one year from the time the work was completed. Threshers' liens 
must be proceeded on within ten days and lumbermen's liens within 
thirty days after the completion of the labor for which claim is 
made. Liens on vessels continue for one year. 

Rank. — Mechanics' liens are preferred to any lien or other incum- 
brance attaching subsequently to the commencement of the work 
for which given ; also to any earlier incumbrance of which the lien- 
holder had no notice and which was unrecorded at such commence- 
ment of work. Such liens have, among themselves, the following 
rank, and require satisfaction in the order named : First, liens of 
persons performing manual labor ; second, liens of persons furnish- 
ing materials ; third, liens of subcontractors ; fourth, liens of orig- 
inal contractors. Liens on vessels are prior to all other claims. 

Sources : Constitution ; Code of Civil Procedure, sections S13 to 
825, 1183 to 1202 ; Civil Code, sections 3051 to 3065. 



100 BUREAU OF LABOR STATISTICS. 



DIGEST OF CONVICT LABOR LAWS. 



Control. — A board of five directors appointed by the governor is 
charged with the management of the state prison and the employ- 
ment of convicts. Monthly inspections by at least three directors 
are directed. 

Boards of county supervisors have jurisdiction of the employment 
of county convicts. 

Systems of employment. — The public-account, state-use, and pub- 
lic-works-and-ways systems are adopted. The letting of contracts 
for prison labor is forbidden. 

Regulations. — The manufacture of jute fabrics, the crushing of 
rock for road material, and the manufacture of such articles, 
materials and supplies needed in any public institution of the state 
or political subdivision thereof are provided for. At least twenty 
convicts must be employed on the public roads at the state prisons. 

Prison rules prescribe the number of hours of labor required in 
each and every day during a convict's term of imprisonment. 

Punishments may be inflicted only by the order and under the 
direction of wardens. 

Discharged prisoners receive their earnings, if any, and if this 
sum is not sufficient for present needs, each one receives $5, a suit 
of clothing, and transportation to the place of sentence or other 
place of equal cost of travel. 

County convicts may be employed on public works and ways, or 
in other places for the benefit of the county. 

Goods. — No convict-made goods may be sold in the state except 
those whose sale is specially sanctioned by law. 

The sale of jute and hemp grain bags is at a price fixed by the 
prison directors on a basis prescribed by statute. 

Crushed rock is sold on orders for highway and other purposes, 
at a price of not less than 30 cents per ton, preference being given 
to orders from the state bureau of highways. 

Manufactured articles, materials and supplies to be sold to public 
institutions at prices to be fixed by prison directors and board of 
examiners. 

Sources : Constitution ; Penal Code, sections 679a, 1613, 1614, 
pages 890-896 ; acts of 1907, chapters 317, 473 ; acts of 1911, chap- 
ter 56. 



LABOR LAWS — DECISIONS. 101 



DECISION UPHOLDING THE CONSTITUTIONALITY OF THE 
CHILD LABOR LAW. 



Supreme Court of California, July 9, 1906. 
(In Bank. Crim. No. 1322.) 

IN THE MATTER OF THE \ 

APPLICATION OF J. M. SPENCER (. 

FOR A WRIT OF HABEAS CORPUS. ) 

The petitioner was arrested and confined upon a charge of vio- 
lating sections 2 and 4 of the act of February 20, 1905, regulating 
the employment and hours of labor of children and prohibiting the 
employment of illiterate minors and of minors under certain ages. 
(Stats. 1905, p. 11.) The return to the preliminary writ shows 
that the petitioner was arrested and taken into custody upon four 
several complaints, relating to four different children, each com- 
plaint charging him with employing a child under fourteen years 
of age in the workshop and boiler-room of a steamer, the child not 
then having a permit to work from the judge of the juvenile court 
of the county, and the time of such employment not being the time 
of the vacation of the public schools. 

The second clause of section 2 of the act provides that no child 
under fourteen years of age shall be employed in any mercantile 
institution, office, laundry, manufactory, workshop, restaurant, 
hotel, or apartment house, or in the distribution or transmission of 
merchandise or messages ; provided, that upon the sworn statement 
of the parent that the child is over twelve years of age and that the 
parent or parents are unable, from sickness, to labor, the judge of 
the juvenile court, in his discretion, may issue a permit allowing 
such child to work for a specific time ; and provided, further, that 
during the time of the regular vacation of the public schools of the 
city or county, any child over twelve years of age may work at any 
of the prohibited occupations, upon a permit from the principal of 
the school attended by the child during the immediately preceding 
term. Section 4 of the act declares that a violation of any of the 
provisions of the act shall be a misdemeanor. The complaints 
charge violation of these provisions. 

Several objections on constitutional grounds are made to the 
validity of the act. It is claimed that it is special law for the pun- 



102 BUEEAU OF LABOR STATISTICS. 

ishment of crime, where a general law could be made applicable, 
and therefore, contrary to sections 2 and 33 of article IV of the 
Constitution of California ; that it is not of uniform operation, but 
is discriminatory ; and hence in conflict with sections 11 and 21 of 
article I ; and that it would deprive persons of the right to acquire 
and possess property, thus violating section 1 of article I of the 
State Constitution and the Fourteenth Amendment to the Constitu- 
tion of the United States. 

The presumption always is that an act of the legislature is con- 
stitutional, and when this depends on the existence, or non-existence, 
of some fact, or state of facts, the determination thereof is pri- 
marily for the legislature, and the courts will acquiesce in its deci- 
sion, unless the error clearly appears. (Bourland vs. Hildreth, 26 
Cal. 184 ; University vs. Bernard, 57 Cal. 612 ; In re Madera Irr. 
Dist., 92 Cal. 310; Sinking Fund Cases, 99 U. S. 718; Tiedman on 
Police Power, Vol. I, p. 10, note ; Cooley, Const. Lim., 7th ed., 228.) 

"Every possible presumption is in favor of the validity of a 
statute, and this continues until the contrary is shown beyond a 
rational doubt. One branch of tne government can not encroach on 
the domain of another without danger. The safety of our institu- 
tions depends in no small degree on a strict observance of this 
salutary rule." (Sinking Fund Cases, supra.) 

"The delicate act of declaring an act of the legislature uncon- 
stitutional and void should never be exercised unless there is a 
clear repugnance between the statute and the organic law. * * * 
In a doubtful case the benefit of the doubt is to be given to the 
legislature ; but it is to be remembered that the doubt to which this 
rule of construction refers is a reasonable doubt as distinguished 
from vague conjecture or misgivings." (Bourland vs. Hildreth, 
supra. ) 

From their tender years, immature growth, and lack of experi- 
ence and knowledge, minors are more subject to injury from exces- 
sive exertion and less capable of self-protection than adults. They 
are therefore peculiarly entitled to legislative protection, and form 
a class to which legislation may be exclusively directed without 
falling under the constitutional prohibitions of special legislation 
and unfair discrimination. 

The first objection to the validity of the part of the section above 
stated is that it is discriminatory and specially because it does not 
prohibit such employment of minors in all occupations, but only 
in those specially mentioned ; that work at other places, of which 



LABOR LAWS — DECISIONS. 103 

saloons, barber shops, railroads, ferries, and warehouses are specified 
by counsel as instances, would be equally injurious, and that in 
order to be general and uniform they should be included in the 
prohibition. The objection is twofold: first, that the legislation 
constitutes an unfair discrimination against the particular trades 
mentioned ; second, that it unduly and without reasonable cause 
restricts the right of minors to work at any and every occupation 
in which they may wish to engage. There is nothing in the act to 
indicate a purpose on the part of the legislature to make use of the 
laudable object of protecting children as a mere pretense under 
which to impose burdens upon some occupations or trades and 
favor others. It appears to have been framed in good faith and 
for the purpose of promoting the general welfare by protecting 
minors from injury by overwork and facilitating their attendance at 
schools. The legislature may undoubtedly forbid the employment of 
children under the age of fourteen years at any regular occupation 
if the interests of the children and the general welfare of society 
will be thereby secured and promoted. The power to forbid their 
employment in certain occupations and not in all depends on the 
question whether or not any appreciable number of children are 
employed in the callings not forbidden, and whether or not those 
callings are injurious to them, or less injurious than those forbid- 
den. If certain occupations are especially harmful to young chil- 
dren and others are not so, there can be no serious doubt that it is 
within the power of the legislature to forbid their employment in 
one class and permit it in the other. The difference in the results 
would justify the classification with a view to the difference in the 
legislation. Also, if children are employed in certain occupations 
to their injury and are not employed at all in others, or so infre- 
quently that the number is inappreciable and insignificant, the 
occupations regularly employing them have no ground to complain 
of discrimination. They compose the entire class to which the 
legislation is directed, the class which causes the injury to be pre- 
vented. And upon the facts assumed neither the children engaged 
in the occupation in which they are employed nor the persons would 
be affected by the prohibition as to other occupations. The pre- 
liminary questions as to the effect of the specified occupations, on 
the children and the number of children engaged therein, are ques- 
tions of fact for the legislature to ascertain and determine. It has 
determined that the facts exist to authorize the particular legisla- 
tion. If any rational doubt exists as to the soundness of the legis- 
lative judgment upon the existence of the facts, that doubt must be 



104 BUKEAU OF LABOR STATISTICS. 

resolved in favor of the legislative action and the law must accord- 
ingly be held to be valid in these respects. The specifications of 
forbidden callings are broad and comprehensive. Even if these, 
which as counsel assert, are omitted from the classification, we 
can not say that a saloon is not a ''mercantile institution," it being 
a place where merchandise is sold ; nor that a barber shop is not a 
"workshop," it being a place where a handicraft is carried on; nor 
that ferries and railroads are not engaged in the "distribution or 
transmission of merchandise or messages." At all events, in view 
of the rule that a statute must be liberally construed to the end 
that it may be declared constitutional rather than unconstitutional 
{People vs. Hayne, 83 Cal. 117 ; 26 Am. & Eng. Encyc. of Law, 
640), we would not give the description of forbidden occupations 
this narrow construction in order to make the law invalid. The 
decision of the legislature that the specified occupations are more 
injurious to children than others not mentioned and hence the sub- 
ject of special regulation, and that they constitute practically all 
the injurious occupations in which children are employed at all, 
and therefore the only cases in which regulation is needed, is not 
so manifestly incorrect, not so beclouded with doubt concerning its 
accuracy, as to justify the court in declaring it unfounded and the 
law, consequently, invalid. 

There is a proviso to this clause of the section, to the effect that 
if either parent of such child makes a sworn statement to the judge 
of the juvenile court of the county, that the child is over twelve 
years of age, and that the parent or parents are unable, from 
sickness, to labor, such judge, in his discretion, may issue a permit 
allowing such child to work for a time to be specified therein. 
There is no force to the objection that this discriminates against 
orphans and abandoned children. The exception allowed by the 
proviso is not made for the direct benefit of the child, but for the 
sick parent. It is a burden put upon the child because of the 
special necessity of his case which justifies the different provision 
respecting him. The legislature deems the necessity of allowing 
the child to work to aid in the support of the sick parent, sufficient 
to outweigh the benefits which would otherwise accrue from the 
education and protection of the child during such inability. If 
there are no parents whose necessities the child's labor could allevi- 
ate, the reason for this exception is wanting. The provision seems 
a reasonable one in view of the conditions upon which, alone, it 
can apply. 

There is a further proviso or exception, to the effect that any 



LABOR LAWS — DECISIONS. 105 

child over twelve years old may work at the prohibited occupations 
during the time of the regular vacations of the public schools of 
the city or county, upon a permit from the principal of the school 
attended by the child during the term next preceding such vaca- 
tion. This does not, as counsel contends, give the principals of the 
public schools the exclusive power to give the contemplated permits. 
Its true meaning is that the permit is to be given by the principal 
of the school which the child has attended, whether the school is 
public or private, but that it can extend only to the time of the 
public school vacation. This act was approved February 20, 1905. 
Its provisions relating to attendance upon schools, and those of 
section 1 of the act of March 24, 1903 (Stats. 1903, 388), with 
the amendment of March 20, 1905 (Stats. 1905, 388), to said sec- 
tion 1 must be considered together. The act of 1903, in effect, 
requires all children to attend, either the public schools, or a private 
school, during at least five months of the time of the sessions of the 
public schools. The amendment of March 25, 1905, extends the 
time of such compulsory attendance so as to embrace the whole 
period of the public school session. Therefore, if the parents, 
guardians, or custodians of a child choose to send it to a private 
school, it must attend thereon at least during the time the public 
schools are in session. A permit may then be obtained for it to 
work during the vacation of the public schools, if its interests or 
necessities so require, witnout subjecting it to conditions substan- 
tially different from those affecting the children attending the public 
schools. There is no discrimination. The legislature has the power 
to make such reasonable regulations as these with respect to the 
time of the vacation of schools, whether public or private, in the 
interest of the public welfare and the welfare of the children. 

A third clause of section 2 declares that no child under sixteen 
years of age shall work at any gainful occupation during the hours 
that the public schools are in session, unless such child can read 
English at sight and write simple English sentences, or is attend- 
ing night school. The first clause of section 2 provides that no 
minor under sixteen shall work in any mercantile institution, office, 
laundry, manufacturing establishment, or workshop, between ten 
o'clock in the evening and six o'clock in the morning. Section 5 
of the act further provides that nothing in the act is to be con- 
.strued to prevent the employment of minors at agricultural, viticul- 
tural, horticultural or domestic labor, during the time the public 
schools are not in session, or during other than school hours. The 
petitioner's contention with respect to the first and last clause of 



106 BUREAU OF LABOR STATISTICS. 

section 2 is that they constitute such important parts of the statute 
that it can not be presumed that the legislature would have adopted 
the other parts thereof it it had been aware of the invalidity of 
these particular provisions and hence the whole act must fall. We 
can not accede to this proposition. They are separable and inde- 
pendent provisions and are not so important to the entire scheme 
as to justify us in concluding that the legislature would have 
refused to adopt the other parts without these, and thereby to 
declare the entire statute invalid. 

Nor can it be conceded that these provisions are invalid. The 
principles already discussed apply with equal force to the first 
clause of the section. The proviso concerning illiterate children is 
a reasonable regulation to prevent those having control of such 
children from working them to such an extent as to hinder tnem 
from acquiring, or endeavoring to acquire, at least the beginning of 
an education before arriving at the age of sixteen years. The 
exemption of domestic labor and the several kinds of farming from 
the Operation of the act is not an unreasonable discrimination. 
Such work is generally carried on at the home and as a part of 
that general home industry which should not be too much dis- 
couraged, and it is usually under the immediate care and super- 
vision of the parents or those occupying the place of parents, and 
hence is not liable to cause so much injury. These circumstances 
distinguish them from the prohibited industries and is a sufficient 
reason for the exemption. 

We find no reasonable ground for declaring the law invalid. 

The petition is denied and the petitioner remanded to the custody 
of the officer. 

SHAW, J. 

We concur : 

Sloss, J. ; Angellqtti, J. ; Lorigan, J. ; Beatty, C. J. 

McFarland, J., concurring : 

I concur in the judgment, and in what is said by Mr. Justice 
Shaw in his opinion ; but I do not concur in some of the quota- 
tions which he makes from other cases, and particularly in that 
quotation in which it is stated that the presumption in favor of 
the validity of the statute "continues until the contrary is shown 
beyond a rational doubt." That is, in my opinion, too strong a 
statement of a rule. 

McFARLAND, J. 



LABOR LAWS DECISIONS. 107 



DECISION UPHOLDING THE CONSTITUTIONALITY OF SEC- 
TION 273, PENAL CODE. 



Supreme Court of California, July 9, 1906. 
(In Bank. Crim. No. 1331.) 

IN THE MATTER OF THE 

APPLICATION OF HENRY WEBER 

FOR A WRIT OF HABEAS CORPUS. 

The petitioner was arrested and confined for an alleged violation 
of section 273 of the Penal Code. The return shows that he is in 
custody upon separate complaints relating to different children. 
Each complaint charges that the defendant did wilfully and unlaw- 
fully take, receive, hire, employ and use a certain male child, 
naming him, under the age of sixteen years, in the business of 
scaling the boilers of a steamer, the said business being then and 
there dangerous to the life and limb of said child. The petition 
for a writ of habeas corpus is based upon the proposition that the 
law under which the complaint was made is unconstitutional and 
void. Section 273 refers to the preceding section 272, and it is 
necessary to state the substance, at least, of both sections. 

Section 272, so far as material, is as follows : "Any person 
* * * having tne care, custody, or control of any child under 
the age of sixteen years, who exmbits, uses, or employs, or in any 
manner, or under any pretense, sells, apprentices, gives away, lets 
out, or disposes of any such child to any person, * * * f or r 
in any business, exhibition, or vocation, injurious to the health, or 
dangerous to the life or limo of such child, or in or for tne vocation, 
occupation, service, or purpose of singing, playing on musical instru- 
ments, rope or wire walking, dancing, begging, or peddling, or as a 
gymnast, acrobat, contortionist, or rider, in any place whatsoever, 
or for or in any obscene, indecent or immoral purposes, exhibition 
or practice whatsoever, or for or in any mendicant or wandering- 
business whatsoever, or who causes, procures, or encourages such 
child to engage therein, is guilty of a misdemeanor. * * * 
Nothing in this section contained applies to or affects the employ- 
ment or use of any such child, as a singer or musician in any 
cnurch, school, or academy, or the teaching or learning of the 
science or practice of music ; or the employment of any child as a 



108 BUREAU OF LABOR STATISTICS. 

musician at any concert or other musical entertainment, on the 
written consent of the mayor of the city or president of the board 
of trustees of the city or town where such concert or entertainment 
takes place." (Stats. 1905, p. 759.) 

Section 273 is as follows: "Every person who takes, receives, 
hires, employs, uses, exhibits, or has in custody, any child under 
the age, and for any of the purposes mentioned in the preceding- 
section, is guilty of a like offense and punishable by a like pun- 
ishment as therein provided." (Stats. 1905, p. 759.) 

The contention of the petitioner is that these provisions contain 
an arbitrary and unreasonable classification, and, consequently, not 
of uniform operation, and that it constitutes a special law for the 
punishment of crimes, where a general law could be made ap- 
plicable. It is said that only a certain portion of the minor chil- 
dren of the State are affected by the act, namely, those who are 
under sixteen years of age, and that this is an arbitrary discrim- 
ination between those who are over that age and those who are 
under that age ; that any child over the age may enjoy his natural 
privilege of working for his own support as he pleases, while those 
under that age are prohibited therefrom. There is no sound reason 
for any such criticism. The same reasoning might be applied to a 
large number of laws which are universally conceded to be valid 
and constitutional. The law providing that a male person under 
twenty-one years of age is a minor, subject to the legal disabilities 
of minority, might be rendered unconstitutional by the same process 
of reasoning. It is competent for the legislature to provide regula- 
tions for the protection of children of immature years. The growth 
of a child is gradual and the age of maturity varies with different 
children. It is impossible for any person to fix the exact time when 
a child is capable of protecting itself. The legislative judgment in 
regard to the age at which such regulations shall become applicable 
to the child can not be interfered with by the courts. 

It is also stated that the law makes an unfair discrimination by 
allowing the employment of children as singers or musicians in 
churches, schools, or academies. The ground of this objection is 
that such employment, so far as the court can see, may be as 
injurious to the health or morals or as dangerous to the life or limb 
of the child as those which are prohibited in the law, and that no 
prohibition is lawful under the constitution unless it extends to all 
employments which are equally injurious. In matters of this kind 
the legislature has large' discretion. It must determine the degree 
of injury to health and morals which the different kinds of em- 



LABOR LAWS — DECISIONS. 109 

ployment inflict upon the child, and the corresponding necessity for 
protecting the child from the effects thereof, and unless its decision 
in that regard is manifestly unreasonable, there is no ground for 
judicial interference. We do not think the law in question so 
unreasonable as to require us to hold it unconstitutional. 

The petition is denied and the petitioner is remanded to the cus- 
tody of the officer. 

SHAW, J. 

We concur : 

Sloss, J. ; Angellotti, J. ; Hensiiaw, J. ; McFarlajsd, J. ; 
Lorigan, J. ; Beatty, C. J. 



DECISION UPHOLDING THE CONSTITUTIONALITY 0E THE EIGHT 
HOUR LAW IN UNDERGROUND MINES AND SMELTERS. 



Supreme Court of California, December 23, 1909. 
(In Bank. Crim. No. 1539.) 
IN THE MATTER OF THE \ 

APPLICATION OF FRED J. MARTIN ( 
FOE A WRIT OF HABEAS CORPUS. \ 

Sloss, J. Upon the application of Fred F. Martin, a writ of 
habeas corpus was issued by this court. Martin has been arrested 
upon a charge of violating the terms of a statute entitled "An act 
regulating the hours of employment in underground mines and in 
smelting and reduction works" (St. 1909, p. 279, c. 181), approved 
March 10, 1909. The provisions of the act are as follows : 

Section 1. That the period of employment for all persons who 
are employed or engaged to work in underground mines in search of 
minerals, whether base or precious, or who are engaged in such 
underground mines for other purposes, or who are employed or 
engaged in other underground workings whether for the purpose of 
tunneling, making excavations or to accomplish any other purpose 
or design, or who are employed in smelters and other institutions 
for the reduction or refining of ores or metals, shall not exceed eight 
hours within any twenty-four hours, and the hours of emplojrment in 
such employment or work day shall be consecutive, excluding, how- 
ever, any intermission of time for lunch or meals ; provided that, 



HO BUREAU OF LABOR STATISTICS. 

in the case of emergency where life or property is in imminent 
danger, the period may be a longer time during the continuance of 
the exigency or emergency. 

Sec. 2. Any person who shall violate any provision of this act, 
and any person who as foreman, manager, director or officer of a 
corporation, or as the employer or superior officer of any person, 
shall command, persuade or allow any person to violate any pro- 
vision of this act, shall be guilty of a misdemeanor and upon convic- 
tion shall be punished by a fine of not less than fifty dollars ($50.00) 
nor more than three hundred dollars ($300.00), or by imprisonment 
of not more than three months. And the court shall have discretion 
to impose both fine and imprisonment as herein provided. 

Sec. 3. AH acts and parts of acts inconsistent with this act are 
hereby repealed. 

It is not questioned by the petitioner that the complaint which 
furnished the basis for his arrest stated a violation of the terms of 
the act. His position is, however, that the act is void as being in 
contravention of constitutional provisions. 

The ground of attack usually advanced in cases of this character, 
namely, that the statute is in conflict with the guaranties of the 
fourteenth amendment to the Constitution of the United States, is 
not here urged. Indeed, such contention is hardly open to the 
petitioner in view of the decision in Holden vs. Hardy, 169 U. S. 
366, 18 Sup. Ct. 383, 42 L. Ed. 780, where the Supreme Court of 
the United States decided that a statute of Utah, substantially 
identical in its main features with the one before us, did not deprive 
persons affected by it of any right conferred by the Federal Con- 
stitution. Conceding the binding force of that decision as an adju- 
dication of all federal questions involved, the petitioner here bases 
his claim to immunity from prosecution upon certain provisions 
of the Constitution of this State. 

Before proceeding to a consideration of the particular points 
made in this connection, it may be well to briefly state the basis of 
the decision in Holden vs. Hardy, since, in our opinion, the points 
there decided go far toward answering the main objections predi- 
cated upon the State Constitution. The right on the part of the 
State to restrict the freedom of citizens to make contracts concern- 
ing their callings or occupations was there upheld with respect to 
the particular callings covered by the Utah statute, i. e., mining and 
working in smelting and reduction works, upon the ground that the 
restriction in question was a proper exercise of the police power for 
the preservation of the public health. "The right of contract," 
says the court, "is itself subject to certain limitations which the 
State may lawfully impose in the exercise of its police powers. 



LABOR LAWS — DECISIONS. Ill 

While this power is inherent in all governments, it has doubtless 
been greatly expanded in its application during the past century, 
3wing to an enormous increase in the number of occupations which 
ire dangerous, or so far detrimental to the health of employees as 
to demand special precautions for their well-being and protection, 
3r the safety of adjacent property. While this court has held 
! * * that the police power can not be put forward as an excuse 
or oppressive and unjust legislation, it may be lawfully resorted 
o for the purpose of preserving the public health, safety, or 
norals, or the abatement of public nuisances, and a large discretion 
is necessarily vested in the legislature to determine, not only what 
the interests of the public require, but what measures are necessary 
for the protection of such interests." Again, in the same opinion, it 
s said that : "While the general experience of mankind may justify 
us in believing that men may engage in ordinary employments more 
than eight hours per day without injury to their health, it does not 
follow that labor for the same length of time is innocuous when 
carried on beneath the surface of the earth, where the operative is 
deprived of fresh air and sunlight, and is frequently subjected to 
foul atmosphere and a very high temperature, or to the influence of 
noxious gases, generated by the processes of refining or smelting." 
The right to limit the hours of labor generally was not involved in 
Holden vs. Hardy. No such right was asserted. It was, how- 
ever, decided that the particular occupations affected by the act 
possessed such elements of danger and risk to the employee that the 
legislature might reasonably conclude that in such occupations a 
restriction of the time of labor was necessary for the protection of 
those engaged in such labor. 

The limitations of the doctrine are well illustrated by the subse- 
quent decision in Lochner vs. New York, 138 U. S. 45, 25 Sup. Ct. 
539, 49 L. Ed. 937, in which the court, reversing the decision of the 
Court of Appeals of New York in People vs. Lochner, 111 N. Y. 
145, 69 N. E. 373, 101 Am. St. Rep. 773, declared invalid a law 
limiting the hours of labor of bakers. The real ground of that 
decision is, we think, to be found in the following extract from the 
opinion of Mr. Justice Peckham : "We think that there can be no 
fair doubt that the trade of a baker, in and of itself, is not an 
unhealthy one to that degree which would authorize the legislature 
to interfere with the right to labor, and with the right of free con- 
tract on the part of the individual, either as employer or employe." 
The decision in the Lochner case w r as by a bare majority of the 
court, but the majority itself recognized the correctness of the 



112 BUREAU OF LABOR STATISTICS. 

decision in Holden vs. Hardy and distinguished that case upon the 
ground that the callings involved in the two statutes were essen- 
tially different. 

It follows, from a comparison of these two decisions, that, in 
determining whether an act limiting the hours of labor in any 
occupation is in violation of the provisions of the Federal Consti- 
tution, the primary consideration is whether or not the occupation 
possesses such characteristics of danger to the health of those 
engaged in it as to justify the legislature in concludiug that the 
welfare of the community demands a restriction. 

And this brings us to the petitioner's contention that the act is 
violative of the provisions of the State Constitution respecting spe- 
cial legislation. It is contended that the act violates subdivision 2 
of section 25 of article 4, in that it is a special law for the pun- 
ishment of a crime or misdemeanor created by said act ; that it vio- 
lates subdivision 33 of said section, in that it is a special law 
passed in a case where a general law can be made applicable ; that 
it violates section 21 of article 1, in that it grants to citizens or 
classes of citizens privileges or immunities which are not, upon the 
same terms, granted to all citizens ; that it violates section 11 of 
article 1 as not being of uniform operation. These various specifica- 
tions are in effect directed to the same point, namely, that the law 
arbitrarily selects for its operation a special class of persons. It 
is, we think, unnecessary at this date to cite many authorities in 
support of the proposition, that a law is not special or lacking in 
uniformity merely because it does not apply to every person or sub- 
ject within the State. "An act to be general in its scope need not 
include all classes of individuals in the State ; it answers the con- 
stitutional requirements if it relates to and operates uniformly upon 
the whole of any single class." Aoeel vs. Clark, 84 Cal. 22G, 24 
Pac. 383. The classification created for the purposes of legislation 
must, of course, be a reasonable one. The test of its propriety is 
well stated in City of Pasadena vs. Stimson, 91 Cal. 238, 27 Pac. 
604, where the court declared "that, although a law is general and 
constitutional when it applies equally to all persons embraced in a 
class founded upon some natural or intrinsic or constitutional dis- 
tinction, it is not general or constitutional if it confers particular 
privileges or imposes peculiar disabilities or burdensome conditions 
in the exercise of a common right upon a class of persons arbitrarily 
selected from the general body of those who stand in precisely the 
same relation to the subject of the law." But in view of the 
decision in Holden vs. Hardy, based as it was upon the fact that the 



LABOR LAWS — DECISIONS. 113 

occupations covered by this act were so peculiarly dangerous as to 
Justify special regulation, how can it be said that the legislature 
in selecting these occupations and applying to them provisions 
lesigned to protect the health of those engaged in them was making 
a class of persons arbitrarily selected from the general body of 
those who stand in precisely the same relation to the subject of the 
law?" The very grounds which led the Supreme Court of the 
United States to hold that the Utah statute did not deprive any 
person of life, liberty, or property without due process of law, nor 
deny to any person the equal protection of the laws, requires the 
conclusion that the legislation was not special within the meaning 
of our State Constitution. See Julien vs. Model B. L. & I. Co., 
116 Wis. 79, 92 N. W. 561, 61 L. R. A. 668. For if it could be 
said that the limitation of the hours of labor of miners and those 
engaged in smelting and reduction works could not be supported by 
any natural or intrinsic distinction between those occupations and 
others, the legislation would, for the reasons declared in Lochner 
vs. New York, necessarily fall before the provisions of the Federal 
Constitution. 

The appellant relies with great confidence upon the decision of the 
Supreme Court of Colorado in In re Morgan, 26 Colo. 415, 58 Pac. 
1071, 47 L. R. A. 52, 77 Am. St. Rep. 269. In that case it was 
held that an act similar to the one under consideration was uncon- 
stitutional, this conclusion being based upon the ground, among 
others, that the law was "class legislation." We have not had 
access to the constitution of Colorado and are not informed of its 
precise terms regarding general and special legislation. It may be 
observed, however, that some of the grounds relied on by the 
Colorado court for its decision are clearly in conflict with the views 
of the Supreme Court of the United States in the Holden case. 
In other states, having constitutional provisions directed against 
the passing of special laws, legislation of this character has been 
upheld. Ex parte Boyce, 27 Nev. 299, 75 Pac. 1, 65 L. R. A. 47 ; 
Ex parte Kair, 28 Nev. 127, 80 Pac. 463, 113 Am. St. Rep. 817; 
State vs. Cantwell, 179 Mo. 245, 78 S. W. 569. 

It is argued by the appellant that the act is special because it 
does not include in its scope many occupations other than mining 
which are equally dangerous to the health of the persons engaged in 
them. Reference is made, for example, to marble cutters and 
marble drillers, diamond cutters, workers in furnaces and laundries, 
men employed in wine cellars, breweries, and ice houses, men in 
boiler works, match makers, cleaners of clothes, makers of white 



114 BUREAU OF LABOR STATISTICS. 

lead, of china and earthenware, and many others. The argumen 
is, apparently, that any law is special which does not include all o 
these occupations. This view is obviously unsound. Whether thes( 
other occupations present the same dangers to health as thos< 
involved in mining, etc., and whether, if they do, these dangers car 
best be met by restricting the hours of labor, are primarily ques 
tions for the legislature. The legislature has determined one or 
both of them in the negative by enacting this law. The selection of 
the businesses requiring regulation is confided to the legislative dis 
cretion, and this discretion is not subject to judicial review unless it 
clearly appears to have been exercised arbitrarily and without any 
show of good reason. It certainly can not be justly said to be 
apparent that each or any of the trades instanced by counsel is, in 
its effect upon the health of the workers, identical with the occupa- 
tions covered by the act under discussion, nor that the most 
appropriate method of counteracting any injurious effects pertain- 
ing to any of them is necessarily the same as that found to be 
suitable for miners and men working in smelting and reduction 
works. In other words, the law is not rendered special by the mere 
fact that it does not cover every subject which the legislature might 
conceivably have included in it. It is enough that the subjects 
covered possess such intrinsic peculiarities as to justify the legis- 
lative determination that those subjects require special enactment. 

It may be questioned whether, in view of the title of the act, the 
limitation of hours applies to all underground work or only to that 
performed in mines. But if we assume, with petitioner, that only 
work in mines is covered, the act is not thereby rendered obnoxious 
to the constitutional provision against special legislation. This 
point was made in State vs. Cantwell, supra, and was met by the 
answer that the discrimination between work in mines, and that in 
other underground diggings was justified by the fact that mining is 
a permanent business in which men are engaged steadily for long- 
periods of time, whereas other underground diggings are ordinarily 
temporary and irregular in duration and for that reason do not 
require the same measure of regulation. 

The act and the title thereof do not embrace more than one sub- 
ject : Const, art. 4, § 24 ; Ex parte Boyce, supra. It is designed, as 
we have said, for the protection of the health of persons engaged 
in occupations regarded by the legislature as dangerous. Such 
occupations as in the legislative view were subject to the same kind 
of danger and which require the same kind of regulation could 
properly be joined together in one act. We may remark the incon- 






LABOR LAWS — DECISIONS. 115 

sistency between the argument that the act is void because it 
covers different kinds of employment and petitioner's other conten- 
tion that the act is void because it does not cover a greater number 
of employments. 

Petitioner attacks the provision of the act that the hours of em- 
ployment shall be consecutive (excluding, however, any intermission 
of time for lunch or meals). We are not prepared to say that this 
limitation bears no reasonable relation to the protection of the 
health of the workmen. The legislature may have considered that 
persons working in underground mines, in smelters, or in reduction 
works required for their protection, not only that the total number 
of hours of employment in a day should be limited, but that the 
hours of labor should be so adjusted as to allow the employee a 
long consecutive period for rest and recreation. This is a question 
of legislative policy with which the courts have no concern. 

Upon the whole case, we are satisfied that the act is a valid 
exercise of the legislative power, and that the petitioner is properly 
held. 

It is ordered that the writ be dismissed and the petitioner 
remanded to the custody of the constable. 

We concur : Shaw, J. ; Angellotti, J. ; Lorigan, J. ; Melvin, 
J. ; Hensiiaw, J. 

Crim. No. 1539. Construction. 

"The limitation of time is to be construed as referring to the 
time when men are actualy engaged in work, not when they are 
going to or from their work." 

Crim. No. 1540. Construction. 

A quartz mill comes clearly within the phrase "smelters and 
other institutions for the reduction or refining of ores or metals." 



INDEX. 

Page. 

Administrations, wages preferred in 24 

Aliens, employment of on public works 35 

Apprentice, digest of laws 97 

Arbitration and conciliation, state board of 35 

Assignments, wages preferred in 24 

Attorney's fees in suit for wages 24 

Buildings, protection of workmen on 30 

Bureau of labor statistics 51 

Children — 

certain employment forbidden 27 

general provisions regarding employment of 43 

vending at night prohibited 96 

Chinese labor — 

employment of on public works 7 

products of not to be bought by state officials 11 

Coal mines, mine regulations 58 

Coolie labor 7 

Combinations of labor not unlawful 33 

Contract work on public buildings prohibited 11 

Convict labor, digest of laws 100 

Day of rest, weekly 57 

Decisions 101 

Discrimination against members of national guard for- 
bidden 31 

Domestic products, preference of for public use 13 

Drug clerks, hours of labor 64 

Earnings of minors 13 

Electricity. 

regulating erection of poles, etc 87 

regulating construction of manholes, etc 93 

Employees — 

general provisions regarding 13 

on public works 31 

protection of, as voters 26 

protection of, on buildings 30, 57 

Employers, general provisions regarding 13 

liability law 70 

Employers to report names of taxable employees 31 

Employment agencies — 

general provisions regarding 37 

regulation and licensing of 39 

Employment of aliens on public works 35 



118 INDEX. 

Employment of children — Page. 

certain employment forbidden 27 

enforcement of laws pertaining to 66 

general provisions regarding 43 

Employment of Chinese 7 

Employment of labor — 

false representations 34 

general provisions 13 

Enforcement of labor contracts 22 

Exemption of wages from execution 23 

Factories and workshops, sanitation and ventilation of 42 

False representations in employment of labor 34 

Females, hours of labor 69 

Hours of labor — 

drug clerks 64 

general 11 

public works 7, 31 

railroads 85 

street railway employees 12 

underground mines and smelting works 63 

women 69 

Industrial accident board 70 

Injuries to employees — 

right of employers 13 

liability of employer 70 

Intemperate employees on public carriers 10, 29 

Japanese — 

gathering statistics concerning 50 

records to be kept 50 

Labor, employment of, general provisions 13 

Labor combinations not unlawful 33 

Labor contracts, enforcement of 22 

Labor organizations, protection of employees as members 

of 32 

Labor statistics, bureau of 51 

Labor unions- - 

unlawful using card of 56 

unlawful wearing button of 56 

Liability of employers for road tax of employees _ 10 

License, employment agents , 39 

Lumber mills, time for meals to be allowed employees 22 

Master and servant, general provisions 18 

Mechanics' liens, digest of laws 98 



INDEX. 119 

Mine regulations — Page. 

coal mines 58 

quartz mines 22 

signals 61 

Miner's hospital 60 

Mines, hours of labor in underground 63 

M i n o rs — 

earnings of 13 

certain employment of, forbidden 27 

employment of, general provisions regarding 43 

vending at night prohibited 96 

M isrepresentation — 

kind of labor employed 30 

in the employment of labor 34 

Negligence of employees — 

on railroads 28 

on steamboats 28 

Occupational diseases, reporting of 86 

Pay checks, must be negotiable 68 

Plumbers — 

examination and licensing of 65 

registration required 65 

Protection of employees — 

as members of labor organizations 32 

as voters 26 

on buildings 30, 57 

Protection of workmen as members of the national guard. 31 

Public buildings, contract work on, prohibited 11 

Public works — 

employees on 31 

employment of aliens on 35 

hours of labor on 7 

rates of wages on 31 

Quartz mines, mine regulations 22 

Railroad employees, intoxication and negligence of 29 

Railroads — 

negligence of employees on 28 

hours of labor 85 

full crews 67 

Rates of wages of employees of state printing office 9 

Road tax, employers chargeable *_ 10 

San Francisco water front, laborers on 9 



120 INDEX. 

Page. 

Sanitation and ventilation of factories and workshops 42 

Scaffolding, erection of unsafe 30 

Seamen, general provisions regarding 20 

Servants, general provisions 18 

Sex no disqualification for employment 8 

Shoddy, labeling of 56 

Smelting works, hours of labor in 63 

Social statistics 51 

State board of arbitration and conciliation 35 

State printing office, rates of wages of employees ___ 9 

Statistics — 

bureau of labor 51 

Japanese 50 

social 51 

Steamboats, negligence of employees on 28 

Street railways to be provided with brakes, etc 29 

Temporary floors, in construction of buildings 57 

Time for meals, in lumber mills 22 

Time to vote to be allowed employees 9 

Trade-marks of trade unions 10 

Union button, unlawful wearing of 56 

Union card, unlawful using of 56 

Vacations, state employees 63 

Voters, protection of employees as 26 

Voting, time for 9 

Wages — 

attorney's fees in suits for 24 

exemption of, from execution 23 

pay checks, must be negotiable 68 

payment in barrooms forbidden 33 

preferred in assignments, administrations, etc 24 

rates of, in state printing office 9 

rates of, on public works 31 

time of payment 95 

Weekly day of rest 57 

Women — 

eight hour law 69 

sex, no disqualification for employment 8 

Workmen, compensation for injuries 70 



